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(영문) 의정부지방법원 2014.08.18 2014고단1324
특수절도
Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A, around January 25, 2014, around 19:39, the Government of the Republic of Korea, 630 "Ch. 365" on the CD flag No. 34 "Cp. 365 (P.C. 230,000 won in cash, the victim owned, was stolen.

Summary of Evidence

1. Some statements in the suspect examination protocol of Defendant A by the prosecution;

1. Some statements in the suspect examination protocol of Defendant B by the prosecution

1. A written statement of D (the nine pages of investigation records);

1. A criminal investigation report (victim's counter-investigation), a criminal investigation report (on-site CCTV confirmation and a counter-investigation into Nonghyup employees), and a criminal investigation report (specific suspect);

1. Application of Acts and subordinate statutes to field CCTV video data (where a defendant A contests the intention of larceny, in light of the on-site CCTV video data, and each statement made at the investigation agency of the defendant A, etc., it may be sufficiently recognized that the defendant A had doluence or intention of larceny; hereinafter the same shall apply);

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. According to Article 334(1) of the Criminal Procedure Act, where the reason for sentencing under Article 334(1) of the Provisional Payment Order does not oppose the Defendant while disputing the facts of the crime, the Defendant is the primary offender, and the victim does not wish to punish the Defendant, etc., considering favorable circumstances. The method and result of the instant crime is determined by comprehensively taking into account all the factors of sentencing, including the circumstances after the crime, the Defendant’s age, character and conduct, family environment, etc.

Parts of innocence

1. On January 25, 2014, the Defendants, together with the facts charged, stolen 2.30 million won in cash, which is the victim’s possession, on the CD flag No. 365 No. 34, Macro 630, Macro 630, Macro 365, Macppon at the Government-si around 19:39, 2014.

2. The judgment of Defendant B is also subject to Defendant A’s walling, consistently, throughout the time from the investigative agency to this court, with a considerable number of alcohols at the time.

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