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

If the defendant does not pay the above fine, 100.

Punishment of the crime

On January 10, 2017, the Defendant, at around 20:00, at the house of the Victim F (F) in Seo-gu, Daejeon, Seo-gu, Daejeon, (the age of 23), changed the gifted articles to the victim-friendly female job-care victim during his death. The Defendant, by hand, was faced with the victim’s neck at the glass entrance, cut off the victim’s head by fasting the victim’s neck, putting the above glass door up, and continued to put the victim’s cell phone at the floor of the cell phone amounting to 900,000 won at the market price of the victim’s possession.

Accordingly, the defendant damaged the glass entrance and stolen the cell phone of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of a criminal investigation report (Evidence Record 19,32,57 pages);

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument: ① the Defendant brought the victim’s handphone to hand-on the cellphone is merely brought about to recover the relationship with the victim while returning the cellphone at the time when the victim gets a cellphone and did not use or consume it; thus, the Defendant did not have an intent to illegally obtain it.

(2) While the defendant was faced with the head by putting the victim's timber at the glass door, the entrance was destroyed by the defendant. However, only the defendant was willing to assault the victim, and there was no intention to destroy the glass door.

2. Determination

A. The intent of unlawful acquisition refers to the intent to use or dispose of another person's goods as his/her own property, excluding right holders, and does not require that the goods be permanently possessed with an economic interest (see Supreme Court Decision 2012Do132, Jul. 12, 2012, etc.).