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(영문) 서울서부지방법원 2018.05.29 2017고정1512
절도
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 2, 2017, at around 05:19, the Defendant, with the victim C in Seodaemun-gu Seoul Metropolitan Government (hereinafter “the instant telecom”), stolen cosmetic E, the market price of which is approximately KRW 7.60,000,00,00 of the victim’s market price, and earphones, earphones A, Eglass, line glass, self-helps, bank body crows, identification cards, etc., and stolen them.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the police against C;

1. Report on internal investigation (verification, etc. of CCTV inside the telecom), investigation report (related to Ecocon and CCTV, etc.), investigation report (a suspect's statement and photographs), investigation report (verification of CCTV video data); and (a) investigation report (STV video data);

1. Application of the Acts and subordinate statutes to CCTV extract photographs, such as CCTV extract photographs, ecopim photographs, and CCTV extract photographs compared to suspects, and CCTV extracts;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant, while entering the instant telecom, entered the instant telecom with the victim, and only left the her body and did not steal the victim’s ambane.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant’s assertion by the Defendant and the defense counsel is not acceptable, since the Defendant had the victim’s amb and stolen the victim’s ambling in the instant telecom.

① According to CCTV images installed on the side of the instant telecom and taken by the Defendant’s entry and leaving room, the Defendant, at the time of entering the instant telecom, puts back the amba of the damaged person’s shoulder around July 2, 2017 (around 04:22, which was at the time of entering the instant telecom (the Defendant also recognized), and kin as plastic bags on hand.

Then, approximately one hour after July 2, 2017: 05:19 around 2, 2017.

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