절도
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On March 28, 2015, the Defendant: (a) traded a bank in Nonghyup ATM Cop; and (b) discovered a mobile phone owned by the victim, which is located in the window of the site; and (c) at that time, there were many people at the same time, leaving the mobile phone to the nearby police team, and putting the mobile phone in his/her shopping bag in the mind of returning it to the owner.
Therefore, the defendant did not have the intention of illegal acquisition of the above mobile phone.
2. On March 28, 2015, the Defendant found one of the three smartphones owned by the victim C (Woo, 51 years old), the market value of which is equivalent to KRW 700,00,00, at around 19:40, the Seoul Central-gu Seoul Central-ro, Seoul Central-ro, 229, Seoul ATM Cop, and the victim C (Woo, 51 years old) located in the window, and did not take necessary procedures, such as returning it to the victim.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
3. Determination
가. 피고인의 추가 적인 변소 내용 피고인은 위 ATM 코너에서 나와 길을 가다 우연히 공사현장 동료를 만 나 이야기 하다 휴대폰을 맡겨야 한다는 것을 깜빡 잊게 되었고, G에 있는 자기 집에 가서 쇼핑백을 두고 다시 나와 용인에 있는 공사현장에 내려가게 되었다.
Since then, the defendant is forgotten with the mobile phone, after receiving a phone call from the agricultural personnel of the agricultural cooperative on March 30, 2015 to request the return of the mobile phone, he returned the mobile phone to Seoul at the end of the week due to the relation in which he works in the permission.
On April 3, 2015, the police called from the police on April 3, 2015 and returned to Seoul and voluntarily submitted the cell phone to the police.
B. It was true that the Defendant’s assertion on the Defendant’s unlawful acquisition intent and the above additional changes were not made up of the outstanding changes, but the evidence duly adopted and examined by the lower court.