beta
(영문) 창원지방법원 마산지원 2018.02.20 2017고단1310

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On September 28, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Jinwon District Court’s Jinwon Branch’s Jinju branch on April 17, 2017, and completed the execution of the sentence.

[2] On August 24, 2017, the Defendant discovered that DNA 205, which was parked in a 205-C (46 cm) parking lot, from among the 02:20 a.m. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o.

Summary of Evidence

1. C’s statement;

1. Reports on internal investigation (Attachment to CCTVs for crimes) and photographs attached thereto;

1. Investigation report (Attachment, etc. to the content of a Kakao Stockholm conversation between male and victim presumed to be the person under investigation) and accompanying message;

1. Investigation report (investigation process at the residence of the suspect), investigation report (the investigation at the place of residence of the verified suspect);

1. Investigation report (Analysis of suspect call details), investigation report (Analysis of crime place, location of the sender, and distance at the location of the suspect's residence);

1. On-site photographs;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (prior convictions of suspects and repeated crimes), and the defendant did not steals any error recorded in the facts constituting the crime;

However, in light of the fact that: (a) the form of a criminal committed in CCTV images at the time of committing the crime is similar to the form of the defendant; (b) the photograph of an Obane, which was stolen by the defendant sent to the victim, was taken before the studio in which the defendant resides; and (c) the call details on the day of committing the crime against the mobile phone of the defendant, after about one hour, the crime of this case was committed on the way that the defendant resides in Changwon-si Si, Changwon-si E, the place where the crime of this case was committed; and (d) approximately 46 km away from the place where the crime was committed ( approximately 47 minutes at the time of driving a motor vehicle), was confirmed, the defendant stolen Oba as stated in the crime.

It is reasonable to view.