logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.12.13 2017고정804
절도
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On August 2, 2017, around 22:30 on August 2, 2017, the Defendant: (a) discovered the shopping bags in which the victim D provided meals in front of the above restaurant; (b) was located in the table in front of the instant restaurant; and (c) caused a theft of the victim’s failure to observe the victim’s supervision. The summary of the evidence was that the victim’s market price was 100,000 won.

1. Partial statement of the defendant;

1. Written statements of D;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Investigation report (Attachment of CCTV photographs around the place of occurrence);

1. The defendant and his defense counsel asserted that the above shopping bags were discarded by the main owner and brought them to the livers, and that the defendant did not have any intention to commit theft. However, the above restaurant was operated at the time, the above restaurant was operated, and the defendant was a person at the place where the shopping bags was located when the above restaurant was first passed.

In light of the fact that: (a) the Defendant confirmed the goods of a shopping bags and the shopping bags where the head of the household had confirmed the goods of a shopping bags and disposed of them on the water and stored only the head of the household in his/her own residence; (b) the Defendant may sufficiently be recognized as having cited shopping bags with the recognition that the said goods are another person’s property under his/her possession.

We cannot accept the above argument of the defendant and defense counsel

Application of Statutes

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (the first offender, the damaged goods were returned to the victim, the victim wanted to have his/her wife against the defendant, the age, occupation, etc. of the defendant);

arrow