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(영문) 수원지방법원 안산지원 2019.08.23 2019고단1809
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 24, 2018, from around 04:40 to around 06:14 on the same day, the Defendant stolen the victim’s cell phone with one cell phone of an amount equivalent to KRW 990,00,00 in the victim’s market price, which the victim D, who was hospitalized, came to come above this payment, within Ansan-si Group B, C Hospital 808, C Hospital 808.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement of the defendant;

1. Report on occurrence of a theft;

1. On-site investigation report (CCTV investigation), investigation report (or relative investigation of patients of No. 808 hospitalized by the victim), investigation report (not present at the examination of a false-end detection machine A), investigation report (in the presence of a suspect identified inCCTV), investigation report (or mobile phone comparison between a suspect's cell phone and a moving-out mobile phone) and investigation report (in the case of a suspect's cell phone comparison);

1. A list of inpatientss of C hospital 808;

1. A resident inquiry;

1. Comparison of the location of the last base station on the mobile phone of the victim and the guidance distance for the suspect's residence;

1. A written request and a written answer;

1. On-site photographs, CCTV editing photographs and images, victim's mobile phone XR photographs, opphones and suspect's mobile phone comparative photographs and defense counsel asserts that no fact exists that the defendant has taken the victim's mobile phone.

However, the following circumstances can be seen from each of the above evidence: ① According to CCTV images, there is anything that can be seen as the victim’s cell phone on the left part of the defendant who loaded the corridor around the time of the crime; ② the location of the victim’s cell phone last base station is the place where the defendant’s domicile is located; ③ the time of the occurrence of the crime is between 04:30 and 07:00; ③ the person who resides in the Si of Silung, where the victim’s cell phone last base station is located in the sick room, is only the defendant; ④ the patient and his guardian; ④ the patient in the sick room and his guardian; ⑤ the nursing of the patient immediately next to the victim; ⑤ the defendant is the patient at the time of the crime at the time of the crime.

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