beta
(영문) 의정부지방법원 2018.12.06 2018고정1003

절도

Text

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

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

Reasons

Punishment of the crime

The defendant is a foreigner of Vietnam's nationality who is married with the husband of the Republic of Korea and is currently operating the PC in D with the husband at the government of the father.

On February 4, 2018, the Defendant discovered one point in Samsung Ggal ju City of KRW 100,000,000 at the market price of Samsung F, which was set up by the victim F in front of the Gu Government Police Station, around 23:10, 39, in the city bus, the Defendant: (a) discovered one point in Samsung Ggal ju City of KRW 100,000,00; (b) accessed a chair with smartphone; and (c) cut off by using smartphones using a gap where the attention of the bus engineer was neglected.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written statement, each investigation report (the confirmation of the bus on board and securing the relevant images, analysis and investigation of the bus, analysis and diving of new data, suspect, specific suspect, seized objects, and photographing photographs), seizure records (voluntary submission), list of money transactions, list of money transactions, and list of card transactions;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. As to the issue of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel asserted that the Defendant had a cellular phone owned by the victim, but the Defendant was not forgotten and returned due to his occupation, family affairs, etc., and that there was no theft with the intent of unlawful acquisition as stated in the facts charged in the instant case.

In other words, the victim was on board the bus of this case on February 4, 2018 and was set up a cell phone after getting on the bus of this case on or around February 23:10, the victim discovered it immediately after getting on the bus of this case, but did not receive a telephone, in view of the following circumstances acknowledged by this court, based on the evidence duly adopted and examined by this court:

A day, frame, etc.