(영문) 부산지방법원 2016.10.13 2016고정2869

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(영문) 부산지방법원 2016.10.13 2016고정2869

절도

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On May 20, 2016, the Defendant: (a) around 21:25, around the victim D’s house located in Busan Northern District C; (b) reported that there was a price of TV equivalent to 100,000 won at the market price where the Defendant had kept the victim’s house in his/her place during the process of selling the said place; and (c) committed theft against the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. A report on investigation, and two photographs of TV which a suspect has stolen;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act claimed that although the defendant brought two TVs in front of the victim's house, the defendant's mistake as the victim's goods and brought about the victim's mistake as the victim's goods, there was no intention of theft.

However, in light of the following circumstances acknowledged by the evidence adopted earlier: (a) it is reasonable to deem that the Defendant was aware of the Defendant’s intentional and unlawful acquisition of theft, taking into account all the circumstances, such as: (b) the victim was living in the place where the instant TV was committed; (c) the victim was able to gather and dispose of scrap iron and waste therefrom; and (d) the Defendant was well aware of it; and (c) the victim was left in front of his residence; (d) the Defendant did not take any verification measures against the two TVs; and (e) the Defendant took them out. Therefore, it is reasonable to deem that the Defendant was aware of the Defendant’s intention to commit theft

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

참조조문

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