피고인은 2016. 8. 13. 04:30경 서울 서초구 B에 있는 ‘C’ 여자화장실에서 900,000원 상당의 갤럭시노트5 휴대폰 1대, 현금 201,000원, 체크카드, 신분증 등이 들어 있는 피해자 D 소유의 시가를 알 수 없는 샤넬휴대폰케이스 1점을 들고 가 절취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to D's written statements;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting a crime and Article 329 of the Selection of Punishment Act;

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

1. The reason for the suspension of sentence under Article 59(1) of the Criminal Act (the suspension of sentence: fine: KRW 500,000 won per day; detention in a workhouse: 100,000 won); the defendant is the first offender; the defendant is in profoundly reflected in the confession of the fact of the crime; the victim's abandonment resulted in contingent crimes; the victim's failure to pay reasonable money; the victim agreed to pay reasonable money; the damaged goods are sufficiently recovered from the victim's loss due to seizure and return to the victim; the defendant's social relationship is clear as the source of the company and the possibility of recidivism is low; and the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc. are considered; the defendant is punished by a fine, but the suspension of sentence shall be limited to only once.

It is so decided as per Disposition for the above reasons.