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(영문) 대전지방법원 서산지원 2014.12.11 2014고정77

절도

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 23, 2013, around 19:28, the Defendant: (a) committed a theft with one galthopt 2 smartphone in the market value of the victim, which was left on the wall and left at the separate collection site in front of 105,000, while the victim D was separately collected at the separate collection site in front of 105,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the video CD-related Acts and subordinate statutes

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

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the fact that existed in the separate collection place at the time of the instant case did not bring about the victim’s Handphone, and that the victim’s Handphone was not seen.

According to the evidence seen earlier, the victim left his handphone on the separate collection place at the time of the instant case and did not bring the handphone, and found the handphone at the separate collection place after about 4 minutes from that point, but did not find the handphone at that place, the victim did not have access to the separate collection place after leaving the separate collection place to find the handphone again after leaving the handphone at the separate collection place, and the victim did not have access to the separate collection place until the clerical error at that place. The defendant confirmed the handphone screen after leaving the handphone at the separate collection place. However, according to the above facts acknowledged, the defendant can be recognized that the defendant had a handphone at the time of the instant case.