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(영문) 춘천지방법원 속초지원 2019.07.10 2018고정165
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 14:20 on July 31, 2018, the Defendant: (a) stolen the victim’s D from the cash payment season at the SP branch located in Gangwon-gun B with approximately KRW 1.53,00,00 in cash; (b) two resident registration certificates; (c) one EF CC card; and (d) one FF credit card.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. In the investigation report (Attachment of On-the-spot photographs), internal investigation report (the case where a suspect and the case where damaged articles are recovered), [the defendant only caused the victim's wall to be mistaken for the defendant's mobile phone, and did not have an intention to commit theft. However, according to the evidence above, the defendant's assertion that ① opened the victim's wall before the cash payment date at C Cooperatives's association, thereby opening it on the victim's wall, and ② if the victim's wall wall is opened, the fact that the victim's identification card, etc. can be immediately seen (the 9 pages of investigation record), and the defendant stated that he was aware that the victim's wall belongs to his own machine at least 10 hours after the date of the crime of this case (the 30 pages of investigation record), if the defendant did not take any measures to return the above wall immediately, it is recognized that the defendant clearly recognized that the victim's wall was another's property and thus, rejected the above assertion. Accordingly, the above assertion is not accepted.]

1. Relevant Article 329 of the Criminal Act and the Selection of Punishment

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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