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(영문) 춘천지방법원 2015.01.29 2014고단1139

절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Seoul Eastern District Court on September 28, 2012, and completed the execution of the said sentence, and on September 24, 2014, the Defendant was sentenced to one year of imprisonment with prison labor by the Chuncheon District Court for the crime of forging official documents, etc., and the said judgment became final and conclusive on November 14, 2014.

On June 13, 2013, at around 23:08, the Defendant: (a) committed theft by taking advantage of the gaps in which the victim D who gets on board the said taxi as a customer in the said taxi in the Gangnam-gu Seoul Cheongro-dong, Seoul Cheongro-gu, and (b) had one observer cell phone protocol equivalent to KRW 900,000 in the market value of the victim’s possession.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the police interrogation protocol of the accused;

1. Some of the statements prepared by the defendant;

1. Written statements prepared in D;

1. A report on occurrence of a crime and a report on investigation;

1. Previous convictions: Criminal history records, investigation reports (attached to a written judgment), the status of acceptance or acceptance by each individual, investigation reports (attached to a copy of a written judgment), and the defendant and defense counsel's assertion that the defendant and defense counsel did not steal the above mobile phone.

According to the following facts and circumstances revealed by each of the above evidence, the defendant can be recognized as theft of the victim's handphone based on each of the above evidence.

Therefore, the defendant and defense counsel's above assertion is not accepted.

① At the above date, the injured party was on a taxi driving by the Defendant, and the Cheongdog Police Station was called Cheongdog in order to confirm the fact that there is no Handphone, and to find it, but the door was closed, and the Cheongdog Police Station was called Cheongdog.

② The victim was found to have found the location tracking of his/her Handphones by using a police box, and the Handphones were located in the Cheongdomen Security Center.

(3) The injured party, along with the accused and the police officers, shall go to the Public Security Center, by posting a phone with his/her Handphones, at the Belgium.