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1. The defendant shall be punished by a fine of three million won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
around 02:30 on October 27, 2017, the Defendant, at the “C” parking lot located in the Busan Eastdong-gu, Busan, approximately KRW 600,000,00 in cash on the wall of the victim who was in the driver’s seat next to the driver’s seat, and was driving the instant vehicle on behalf of the victim under the influence of alcohol, while he was driving the instant vehicle on behalf of the victim under the influence of alcohol. At around 04:00, the Defendant was driving the instant vehicle on the front of Gju located in the Busan metropolitan area, Busan metropolitan area around 04:0.0.
L. Ga, this theft was committed.
Summary of Evidence
1. Application of the Act on the Verification of Identity of thieves to D’ as a result of field identification of D police statements
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
2. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse
1. The summary of the assertion does not constitute a theft of money from the victim as stated in the judgment.
2. Determination
A. The degree of formation of a conviction in a criminal trial must be such that there is no reasonable doubt, but to the extent that it is not required to exclude all possible doubts, and rejection by causing a suspicion with no reasonable ground that has probative value is beyond the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers to a reasonable doubt based on logical and empirical rules as to the probability of a fact that is inconsistent with the facts that are not compatible with the facts that are needed, rather than all questions and correspondences, and it cannot be said that the suspicion based on conceptual or abstract possibility is included in a rational doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 2011). (b) According to records, a person who directly examines cash in a victim’s wall.