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(영문) 서울남부지방법원 2021.02.03 2020고정1330
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

On May 16, 2020, at around 07:39, the Defendant, on the top of the first floor cargo elevator of Yeongdeungpo-gu Seoul Metropolitan Government, he stolen the boxes out of the lux in the lux of the boxes, which contain the main body, computer body, traffic cards, walls, clocks, electric drick charging devices, SSS hard discs, etc., containing the victim C’s market price in front of the elevator of the 1st floor cargo of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. The legal statement of the witness C;

1. C’s statement;

1. A photograph of a CCTV image to be cut;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. According to the evidence duly adopted and examined by the court, the defendant alleged that there was no thief crime since the victim's goods had been known of the waste reduction in the location where the victim's goods were placed. However, according to the evidence duly adopted by the court, the victim's employees were able to repair and cover the office and store the instant goods in the vicinity of the cargo elevator in a stuff. ② The head of the garbage storage or separate removal in the instant building was located in another place; ② the above elevator was loaded in another place; ③ there was a person who separately cleans or manages the instant building; ④ The defendant can be recognized that the instant goods were brought to the instant building as an employee; ④ In light of this, the defendant and the defense counsel's assertion that the thief did not ask the manager whether it was a garbage or not difficult to be considered as a garbage, and at least the defendant's defense counsel's intention is not acknowledged.

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