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(영문) 서울중앙지방법원 2018.11.14 2018고정1783

절도

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 20, 2017, around 07:00 on December 20, 2017, the Defendant stolen one unit of A7 mobile phone in the gallon juth of the victim’s own market price owned by the victim E and on the top of the main line in the DPC toilet located in Jongno-gu Seoul, Jongno-gu Seoul.

Summary of Evidence

1. Statement made by the police for E;

1. Investigation report (related to damaged goods), investigation report (related to the initialization of a Handphone);

1. The record of seizure and the list of seizure [the defendant denies the criminal intent of theft. However, according to the evidence in the judgment, the defendant brought the above mobile phone and brought the victim the above mobile phone, but all of the mobile phone was removed, and the above mobile phone was already in early stage before it was seized to the police, while the defendant alleged that the above mobile phone was returned to the owner, the defendant did not leave the above mobile phone to the PC room, and the police did not take any particular measures to return it to the owner until the contact, it is recognized that the defendant's criminal intent of theft is sufficiently recognized.]

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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