Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

On June 17, 2017, from around 10:00 to around 10:30 on the same day, the Defendant: (a) committed theft with one gallon in S5 smartphones, which is located in Daegu-gu, Daegu-gu; (b) and (c) on the side side of the shores in the 2nd male toilets of D University E-building building, with the victim F; and (d) with one gallon equivalent to the market value of KRW 700,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Photographs of damaged articles;

1. Each investigation report (Nos. 2 and 4 of the evidence list) (the defendant and his defense counsel held that the defendant had no intention of larceny and illegal acquisition since the defendant had an intention to search for the master of smartphones.

The argument is asserted.

However, considering the fact that the victim’s smartphone does not have a locking device, the victim’s smartphone was contacted with the victim or could have contacted the victim’s wife for long time, the defendant could have immediately left all of the victim’s smartphones. However, in the above E building, only the car page operated by the victim was in operation at the time, and there was no communication of people in other places, and the defendant did not comply with the procedure such as leaving the above smartphones to the police station, and the defendant’s wife, other than the defendant, contacted the victim at the same night on the day of the instant case, it can be sufficiently recognized that there was the victim’s intention of larceny and illegal acquisition.

Therefore, the above assertion by the defendant and his defense counsel is without merit.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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;