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(영문) 청주지방법원 2019.09.26 2019고정467

절도

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 12, 2018, at around 16:50 on December 16, 2018, the Defendant: (a) caused kimchi to a ‘C’ restaurant where the Defendant was an employee; (b) the victim D, a business owner, included kimchi in the inner part of the week; and (c) the victim’s mobile phone (LGM-G60K) owned by the victim, whose market price cannot be known at the upper part of the main part of the restaurant, was stolen.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Each investigation report (in relation to a Handphone case used by a suspect A at the time, taking CCTV images and attaching photographs, Handphone photographs, and CCTV images);

1. Investigation Report (Evidence List Nos. 6) [Defendant and defense counsel claim that the defendant is aware of his own mobile phone and has the victim's mobile phone, but the following facts and circumstances acknowledged by each evidence of the judgment are not used as his/her own mobile phone at the time of entering the above restaurant, i.e., the defendant did not have used his/her mobile phone at the time of entering the restaurant, and even thereafter, he/she did not open his/her own mobile phone within the restaurant; the defendant's mobile phone and the victim's mobile phone are clearly distinguishable; the defendant's cell phone and the victim's mobile phone were generated at least 10 times from the victim's cell phone after the passage of the victim's mobile phone with the victim's cell phone; the defendant did not receive the phone even though he/she did not receive the phone (the victim statements that he/she always have the Belgium as a relation operating the restaurant,

3) In full view of the fact that the Defendant did not return the victim’s mobile phone directly to the victim, and that he did not return the victim’s mobile phone to E, the Defendant and the victim, the victim, the Defendant is recognized to have had the intent of larceny committed against the Defendant.)

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning the crime, selection of fines;

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

1. The Criminal Procedure Act;