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(영문) 광주지방법원 2014.03.21 2013고정2137
절도
Text

The sentence against the accused shall be 500,000 won.

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

Reasons

Punishment of the crime

On June 23, 2013, at around 14:00, the Defendant, at the Dong-gu, Gwangju-gu, Gwangju-si’s residential area, caused F to commit a theft by bringing about one air-conditioner, one gas siren, and one boiler, which is owned by another.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of C by a witness in the third protocol of trial;

1. Application of the Acts and subordinate statutes entered in the police statement to E;

1. Relevant provisions of the Criminal Act and Articles 329 and 34 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant's assertion as to the defendant's assertion under Article 32 (1) 3 and Article 25 (3) 2 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (whether or not the boiler's ownership among damaged goods belongs to and the price of the damaged goods is unclear and the damaged amount is unclear) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation, the defendant asserted that the defendant had no intention to larceny since E would bring about the constitutional clothes and gas in his/her possession, which he/she had taken place in his/her house, and the house was planned to be immediately removed, and thus, the defendant was expected to bring about the damaged goods with the knowledge that E is owned by E or that E would have renounced ownership.

According to the statement of the witness C in the third trial record, and the police statement of the witness E in the third trial record, it can be recognized that E merely brings the defendant's unconstitutional clothes and gas source, and did not allow the defendant to bring the damaged goods. Thus, unless E does not allow the defendant to bring the damaged goods, even if the damaged goods are owned by E, it shall be deemed that there was an intention to steals another's property, and even if they were owned by E, the ownership of the damaged goods in the house shall be owned by the defendant.

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