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(영문) 대전지방법원 2015.06.04 2015고정213
절도
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 19, 2014, at the “E” restaurant located in Seo-gu Daejeon, Seo-gu, Daejeon, on June 19, 2014, the Defendant: (a) committed a theft with a gallon-three mobile phones equivalent to KRW 1,00,000, the market value of the G owned by the Yeine Victim G, by misunderstanding F as a mobile phone of the Defendant.

Summary of Evidence

1. Legal statement of witness F;

1. G documents;

1. Application of CCTV-recording video CD-related Acts and subordinate statutes;

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

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted that only one white buphone owned by the Defendant was dried by F, and that gallon 3 owned by G was not dried.

2. The key issue of the instant case is whether the Defendant only 10,000 gallon owned by the Defendant from F, and whether the Defendant received a white gallon and a white gallon 31 gallon owned by G.

According to the statement of the police statement on the evidence and the F, the F consistently stated that the date and time of the crime from the investigative agency to this court, and that two mobile phones owned by the Defendant and the G were kept in the place where the crime was recorded in this court, and that two cell phoness were overlapped when the Defendant reduced two cell phoness from this court.

Of the images of CCTV video CDs, F does not seem accurately to have only one cell phone on the face of the Defendant, but it can be seen that the Defendant saw a cell phone from F to one hand on the two hand, and all of the two cell phoness on the two hand are white.

Comprehensively taking account of the above circumstances, the fact that the F appears to have only one cell phone from the face of the cell phone to the Defendant.

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