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(영문) 서울중앙지방법원 2018.05.14 2018고정25

절도

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On September 12, 2017, at around 12:06, the Defendant:194, the Seocho-gu Seoul Seocho-gu New Distribution, the Defendant: (a) discovered a S8 mobile phone at the time of the gallon ju (e.g., the 97 years old) of our bank ATM flag (97 times) in the south of the Seocho-gu Seoul Seocho-gu TM terminal; and (b) stolen the property of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Seizure records;

1. On-site report (related to the confirmation of CCTV at ATM and CCTV around the scene) [the defendant's defense counsel asserts that there is no intention to obtain illegal profits from the defendant, so that the following circumstances recognized in light of the following circumstances, namely, the defendant's defense counsel, the investigation agency and the defendant's statements at this court, and the statement of C, etc.: the defendant has a handphone between the victim and the victim, the victim has a cellphone at ATM flag, and the victim has collected a cell phone again after four minutes from the cell phone, but the defendant had a cell phone and did not find his cell phone again; the victim had a cell phone in many times; the victim did not have a cell phone, but the defendant did not have a cell phone, and the defendant was already getting out of a bus and has already been late since he had already been getting out of a local area.

I think that the victim did not receive the victim's telephone, the arrival of his house was boomed on the cell phone, and it was not filled due to the fact that there was no filling machine suitable for the mobile phone.

However, in light of the fact that the Defendant was able to seek a jacker suitable for the instant mobile phone if he/she was able to seek a kacker and did not return the mobile phone to the victim even after he/she was able to seek a kacker suitable for the instant mobile phone, and that the Defendant did not return the mobile phone thereafter, it is sufficiently recognized that the Defendant had dolusent or unlawful intent.