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(영문) 의정부지방법원 2014.12.18 2014고정2277

절도

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 6, 2014, around 13:30, the Defendant: (a) placed the Victim B’s denial on a cash payment instrument at 105-o-gil 23-1 new bank, the cash payment instrument was set up on a cash payment instrument after the bank transaction; and (b) held the said Handphone owned by the Victim B out of the outside, the Defendant only stated in the indictment that “the victim B left the place after the bank transaction by placing the Handphone on the cash payment instrument and leaving the Handphone on the cash payment instrument.” However, the Defendant stated the foregoing as above, on the ground that there is no disadvantage to the Defendant’s actual right of defense, and thus ex officio stated as above.

Handed by hand to get out of the bank.

Accordingly, the defendant stolen a Handphone equivalent to 600,000 won of the victim's market price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. B written statements;

1. As to the report of occurrence (thief), investigation report (12 pages of investigation record), seizure record (the defendant only intended to find a Handphone to the main person and did not have an intention to commit theft). However, in light of the following circumstances acknowledged by the evidence, the defendant, who received the phone call from a new bank staff around June 9, 2014, reversed the statement that "if he received the phone call from the police officer, he would not have any intention to commit theft," he would be forgotten, and the defendant did not take any measures to find the phone call from June 6, 2014, which was summoned to the police from June 23, 2014, it is recognized that there was an intentional theft by the defendant in light of the following circumstances, such as the defendant's failure to take any measures to find the phone call from the police officer or report it to the police officer, etc., the application of the law applies to the defendant).

1. Article 329 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;