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(영문) 광주지방법원 해남지원 2019.06.13 2018고단464

절도

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On October 15:47, 2018, the Defendant visited the boiler in order to oil gas in the residence of the victim C located in Yado-gun, Jeonnam-gun, to find out the cell phones left above the nearby plastic box by the victim, and then, the victim stolen the cash amounting to KRW 500,000 in the market price of the victim’s ownership (J5, Gagju-si), KRW 1.20,00 won in cash (one KRW 50,000, one KRW 10,000), three cards, and one driver’s license.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Each CCTV video recording (Evidence Nos. 4, 16) [Defendant and defense counsel claim that there was no fact that the Defendant would bring about the victim's mobile phone. However, according to the CCTV video (Evidence Nos. 4, 16) submitted, the victim: (a) around 14:35 of the day of the instant case: (b) around 15:45, the victim left the mobile phone on the plastic box; (c) around 15:45, the Defendant arrived at the victim's house by driving an oil delivery vehicle; and (d) around 10:15:47, the Defendant laid down the hands outside of the door of the plastic box with tap water to put the hands on the right part of the plastic box; and (c) the Defendant was clearly identified as the head of the CCTV at the time of gathering the things above, or was identified as the head of the household by using the CCTV image (Evidence No. 4, 16).

Furthermore, the following circumstances acknowledged by the aforementioned evidence, i.e., the victim stated that the destroyed mobile phone case was red, and the color of the article collected by the defendant.