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(영문) 부산지방법원 2014.08.12 2014고정472

절도

Text

The defendant is innocent.

Reasons

1. On December 3, 2013, the Defendant: (a) around 15:21, 201 on December 3, 2013, the victim E, who cleaned the D Welfare Center 2nd floor, and water purifiers, set up a cellular phone at the market price of 800,000,000 on water purifiers; (b) discovered the cell phone; and (c) stored it in the toilet and brought it into the kitchen in hand, and stolen another’s property.

2. The defendant and his defense counsel asserted that the defendant's cell phone was found in water purifiers and the main phone was set at the 1st floor entrance of the above D Welfare Center where people who have access to the cell phone can easily find the main phone, so there is no intention of larceny.

According to the evidence duly adopted and examined by this court, the defendant left the above mobile phone owned by the victim on water purifiers at the time and place indicated in the above facts charged. The defendant left the above mobile phone on the wall of the 1st floor entrance of the welfare center and opened the above mobile phone at the time. The defendant held the above mobile phone at his own house. The defendant did not find the above mobile phone at the victim's telephone conversation with the victim, but did not find the above mobile phone at the first floor; the defendant did not leave the above mobile phone to find the above mobile phone at the above time but later than two months after he left the above mobile phone, and the defendant did not leave the above mobile phone at the above location to the above mobile phone welfare center, even though he did not leave the above mobile phone at the first floor.