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(영문) 부산지방법원 2021.02.17 2020고정1203 (2)
절도
Text

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

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

Reasons

Punishment of the crime

Around 18:45 on May 2, 2020, the Defendant: (a) filed a motion with the victim C to amend the bill of amendment to the bill of amendment to the law alternatively under Article 360(1) of the Criminal Act on December 29, 202, on the following grounds: (b) around 18:45, the Defendant: (c) filed a motion with the victim for temporary embezzlement on the part of the female toilet in Busan Jung-gu, Busan; and (d) filed a motion with the victim to amend the bill of amendment to the law alternatively under Article 360(1) of the Criminal Act on December 29, 202 without taking measures such as acquiring and returning property among the victims; and (c) filed a motion with the court for the initial indictment as to the facts charged.

Summary of Evidence

1. On-site report of the written statement C of the defendant's legal statement [the defendant and his/her defense counsel] (the defendant and his/her defense counsel with the mobile phone, etc. left from the victim's possession and do not constitute larceny, separate from the crime of embezzlement, for the crime of larceny is established.

The argument is asserted.

Even if the property is lost, if the possessor becomes aware of its location and can find it, the possessor of the property shall not be deprived of possession in light of social norms.

It should be seen (see Supreme Court Decision 84Do38, Feb. 28, 1984, etc.). According to evidence, the victim set up a cell phone at the above place of crime and set up a cell phone at the workplace, and returned to the place of crime immediately after realizing the fact that the victim lost a cell phone at the above place of crime. Thus, if the victim left the place of loss immediately after realizing the fact that the cell phone was lost for a long time, the victim's victim's above cell phone under social norms.

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