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(영문) 수원지방법원 2017.02.09 2016고정2591
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 12, 2016, 10:0- 15:50, the Defendant was in doubt at a place where the victim D (53 taxes, souths) cultivated by the victim D (53 Does, souths) who is located in Gangseo-gun of Gangseo-gun of Gangseo-gu was neglected to monitor the victim.

12-13 Mpuri market value of 96 ppuri was stolen by means of collecting 9.6 million won directly by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Evidence photographs;

1. Map of the current status of the F day;

1. Application of Acts and subordinate statutes on site photographs of E;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant and the defense counsel collected only 26 ppuris in the place where the defendant claims that the victim D would grow brain on the day of the instant case, and the remainder was recovered by returning to the whole mountain, and the victim recovered cannot be deemed to have cultivated, and the defendant did not have any intention to commit theft since it was natural.

The argument is asserted.

2. In full view of the following circumstances acknowledged by the evidence adopted and examined by the instant court, the lower court, based on the evidence in its holding, found the Defendant to have stolen the 96 ppuri at the site of the instant case, and had the Defendant had the intention to do so.

The decision is judged.

1) In the vicinity of the site where the Defendant collected the instant3, seven persons are growing a long-term brain. A brain farmer, such as the victim, etc., does not form a wild lux in the vicinity of the Gangwon-gu Seoul Special Metropolitan City, which is the site of the instant case.

statement is made.

Since some of them are active, the above statements are false.

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