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(영문) 서울동부지방법원 2015.06.05 2014고단3164
절도
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On June 18, 2013, the Defendant cited a set of 50,000 won at the market price containing one subway station platform which was available at the time of the government city around 19:15, the victim C, who was placed above the platform, one credit card, four credit cards, three physical cards, one resident registration certificate, one driver's license, one cash 38,00 won, etc.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes on the screen after a CCTV closure;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 329 of the Criminal Act regarding criminal facts, the defendant selected to punish imprisonment, and his/her defense counsel

1. First, the defendant and his defense counsel asserted that the defendant had been temporarily kept in custody in order to return the victim's bags to know well the pain that the defendant lost or lost his bags for more than two years before two years, and that the defendant had no intention of unlawful acquisition.

The expression “an intention to acquire illegal property necessary for the establishment of larceny” refers to an intention to use or dispose of another person’s property in accordance with its economic usage, such as his/her own property, by excluding its right holder. Thus, the mere infringement of another person’s possession does not necessarily lead to the crime of larceny. However, the mere infringement of another person’s ownership or equivalent right is an intention to possess the property permanently. It does not necessarily require the intention to acquire the property permanently, and whether it is an intention to acquire the property itself or a value of the property.

(see, e.g., Supreme Court Decision 2013Do14139, Feb. 21, 2014). The following circumstances acknowledged by the evidence revealed earlier, i.e., the Defendant discovered the victim’s bank and immediately left the room by finding the party’s room, but did not take such measures.

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