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(영문) 수원지방법원 2013.06.27 2012고정3736

절도

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On August 16, 2012, the Defendant: (a) around 04:20 on August 16, 2012, the victim E, a part-time employee, set up a cell phone on the so-called “D convenience store” located in Suwon-si C; (b) the victim E, a part-time employee, set up a cell phone on the so-called “Sazable table”; and (c) the convenience store, entered the convenience store to receive customers, and then cut off one cell phone from the unsbera in the market value.

2. The defendant and his defense counsel asserted that the defendant and his defense counsel did not recognize that his cellular phone stated in the facts charged belongs to E's possession and would find the owner, and that they did not have the intention of larceny and illegal acquisition.

3. The following circumstances acknowledged by the Defendant’s legal statement, the Defendant’s statement, the police statement of communication data inquiry, and the following circumstances, i.e., the Defendant’s cell phone (hereinafter “portable phone”) on August 16, 2012 from around 04:25 to around 04:31, 00, did not receive a large number of five calls from E, which were left from around 04:25 to around 04:31. However, the Defendant, while he/she was delivering a newspaper while setting up his/her cell phone in his/her vehicle, was unable to receive the said phone at the wind of the Joseon Year’s Republic of Korea and the 31-minute telephone call. According to the results of the investigation of communication data, the Defendant’s cell phone number (F): from around 24:104 to 22:14:20,000 to the police station’s mobile phone number, and the Defendant’s mobile phone number was not returned to the police police station’s maximum phone number from around 05:5:04:04444444444, respectively.

Even if it is difficult to regard it as an intention of larceny or an intention of illegal acquisition.