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Reasons
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(영문) 춘천지방법원 영월지원 2012.07.20 2012고정133
절도
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Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 15, 2012, the Defendant: (a) around 08:35, the Defendant: (b) set up a 1200,000 Ski market price in the outdoor skiing storage unit at around 08:35, Gangwon-gun, Gangwon-do, and (c) cut off the damaged goods by using a cresh in order to keep the space in the toilet in surveillance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of photograph description, record of seizure and list statutes;

1. Article 329 of the Criminal Act applicable to the crime;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that they did not have the intention of theft since they acquired the victim with the knowledge of the victim's skiing.

2. The thief’s criminal intent refers to the perception that another person’s possession under another person’s possession is transferred to him/herself or to a third person’s possession against his/her will. Thus, in cases where another person renounced his/her ownership and acquired it as a stolen article, it is difficult to recognize the thief’s criminal intent unless there is a justifiable reason for misunderstanding as such.

(See Supreme Court Decision 88Do971 delivered on January 17, 1989). 3. The records of this case show the following facts.

① The victim got skiing from the outer storage of the goods located in C2-3, the victim was living in the toilet. Nonindicted Party E also kept his ice ice ices in the storage of the said goods, and was living in the toilet with the victim (in the investigation record, page 6, page 18). ② The Defendant brought a skiing from the victim, was placed in the storage stand in the second floor inside C, and was corrected.

(3) The defendant, upon being examined by the police, has the right to skiing at a place where he had a second floor of a storage facility.

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