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(영문) 서울중앙지방법원 2019.01.10 2017고정3907
절도
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 24, 2017, at around 13:17, the Defendant, within the cash withdrawal machine of the Gangnam-gu Seoul Metropolitan Government building B building site, was stolen by the victim C(31 years of age) using a cash withdrawal machine, resulting in the theft of one of the unexpanded fluent fes in the market price that was set aside next to the use of the cash withdrawal machine.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness D;

1. C’s statement;

1. Investigation report (related to the return of the injured party's goods) [In light of the above evidence, it cannot be deemed that the injured party was in a state of completely leaving the possession of the injured party, and the defendant was aware or could have known of such circumstances at the time when the injured party brought the above friendship, so the defendant's intent to illegally obtain the above friendship is recognized] legal application.

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

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