(영문) 대전지방법원 천안지원 2012.05.17 2011고정997

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자간(%)

(영문) 대전지방법원 천안지원 2012.05.17 2011고정997

절도

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 13, 2011, from around 00:10 to around 01:00 on the same day, the Defendant stolen a cell phone device of KRW 1,00,000 in the market price of the victim D, which was on the C main line of the incheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of D;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. Written statements of D;

1. Each police investigation report;

1. Application of Acts and subordinate statutes to each photographic (field, etc.);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant under Article 334 (1) of the Criminal Procedure Act and his defense counsel. The defendant and his defense counsel asserted that, at the time of the instant case, the defendant visited the "C" main point where the victim D works as an employee to lock out, but they did not have any such fact since the aforementioned victim's cell phone was never true.

There is no direct evidence that the defendant stolen the mobile phone device of this case.

However, according to the evidence submitted by the prosecutor, the defendant visited C at the time of the instant case and her 4 illness, the victim laid his cell phone near the place where the defendant was seated, the fact that the mobile phone was lost immediately after the defendant left the place where the defendant was seated, and 3-4 customers while the defendant remains in C, but they were drinking at a place where the defendant was seated. However, they calculated the drinking value on the day of the instant case at around 00:42, the defendant calculated the drinking value on the day of the instant case at around 0:42, and around 11:00 on the same day after the date of the instant case, the defendant was on board the vehicle at around 11:0,00 on the day of the instant case, and was found to track the location of the lost mobile phone apparatus by requesting the victim to the radio operator, and as a result, at the first time, on the date of the instant case.

참조조문

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