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(영문) 수원지방법원 성남지원 2019.06.18 2019고정208

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

Criminal facts

Some of the facts charged were corrected.

On September 13, 2018, at around 18:20 on September 13, 2018, the Defendant: (a) took advantage of the gap in which C, in cash, 13,000 won; (b) transportation cards; agricultural card; (c) agricultural card; (d) identification cards; and (c) Samsung mobile phone cases in which the market price is 600,000,000 won, left the ground floor, and took advantage of the gap in which C, she talks with land and temporarily, brought a theft against the victim’s mobile phone cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. Application of CCTV images-cape photographs (13 pages of investigation records) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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

1. The defendant, on the ground of conviction of Article 334(1) of the Criminal Procedure Act, asserts that the defendant had no intention to larceny, since the victim's cell phone cases located on the floor at the time and place of the ruling, have taken the victim's cell phone cases as lost.

However, at the time when the defendant brought about the cell phone cases of the victim who was placed in front of the entrance of the building as above, the victim was seated at the floor of the 12 meters away from that 1 and 2 meters away from that , and the victim's cell phone cases included the victim's cell phone number and identification card.

Nevertheless, the Defendant without confirming the victim and other persons around the victim, put the above mobile phone case in the Defendant’s home room, left the scene, and moved the subway to another place.

The Defendant made a statement to the effect that “I have left the above mobile phone cases in the public telephone boxes in the way where I would like to bring them to the position.”

Considering the above circumstances, the Defendant is deemed to have had the intention of larceny.