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(영문) 서울중앙지방법원 2017.10.25 2017고정1258

절도

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 22, 2016, at around 01:40, the Defendant: “F” operated by E in Jung-gu Seoul, Jung-gu, a entertainment station located on its place accounting unit; the victim G, an employee of the above main shop, referred to as “E” one of Samsung G, which caused Samsung G, to whom the market price of Samsung G, was 1 million, was 1,000,000, and stolen by E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. A CCTV CD (the Defendant and his defense counsel claimed that the Defendant was the Defendant’s cell phone walked from E, the main shop of which was the Defendant, and even if the Defendant was the victim, the Defendant was aware of the fact that the said cell phone was the Defendant, and thus, he did not have the intent of larceny.

However, at the time, the defendant was disputed as a problem of the drinking value.

E’s instruction appears to have never existed any other mobile phone than the instant mobile phone that the victim left in order to record the situation (the instant mobile phone was set on the front side of the CCTV blind spot and the lower end, but there seems to be no reason why the Defendant left the Defendant’s mobile phone in the calculation unit) and ② the victim, who became aware of the fact that the Defendant did not have any mobile phone left on the calculation unit because there was no few parts of the said mobile phone, did not go through the Defendant’s speech that the Defendant got out of the Defendant, but did not immediately followed the Defendant’s mobile phone, but did not go back, but did not go back to the Defendant, and the said mobile phone was returned to the said main point, and even though the Defendant attempted to take out the instant mobile phone with the instant mobile phone, the said mobile phone was in a state of being drunk to the extent that there was any trouble in his ability to discern from his own mobile phone, such as returning to his own mobile phone without a problem.

As it is difficult to see, the defendant got the cell phone of this case.