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(영문) 서울서부지방법원 2016.06.02 2016고정439
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 22:00 on November 1, 2015, the Defendant: (a) placed the victim D’s residence located in Seodaemun-gu Seoul Western-gu, Seoul, on the part of the Defendant: (b) placed the victim’s wife in his domicile, and was suspected of bringing about 50 years prior to 50,000 to the Defendant; and (c) committed a theft by taking 13,000,000 won in cash, which was kept in his wife in his domicile, under the supervision of the victim, under the control of the victim, 10,000 won in cash, and 25,000 won in cash, which were 1,30,000 won in cash, and 10,000 won in cash, and 30,000 won in check, and 1,3,00,000 won in total, by taking the Defendant’s wife’s wife into custody.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made to D and the accused;

1. Statement of the suspect interrogation protocol (excluding the part concerning the defendant's statement) against the defendant in the prosecutor's office (excluding the part concerning the defendant's statement) / (in the case of the defendant's statement, taking cash into the main machine or hiding three checks into the plastic paper paper on the spot, but return cash again, and there was no intention of illegal acquisition at the time

The argument is asserted.

In light of the following circumstances, this Court may comprehensively consider the evidence duly adopted and investigated by this Court, i.e., ① the victim finds that some amount of money falls short of the amount as a result of arranging cash and checks after he/she distributed money in the house as stated in the facts constituting the crime in the judgment. On November 4, 2015, the victim reported the damage to the police on November 6, 2015. The Defendant was investigated as a witness on November 6, 2015 and was on the spot.

It stated that E did not witness to bring money and did not bring money to himself, and that the defendant did not bring money to him; ② After being investigated by a theft suspicion, the defendant returned 9,40,000 won, which was part of the cash 10,000 won that he brought to the victim only after about 20 days of the occurrence of the case (60,000 won was arbitrarily used).

그 외에 피고인이 손에 구겨 움켜쥔 다음 당시 현장에 있던...

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