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(영문) 서울남부지방법원 2020.12.22 2019노2695
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding and the misapprehension of the legal principle) is that the Defendant only carried a mobile phone to find the mobile phone owner, and there was no intention of illegal acquisition.

2. According to the investigation report of the witness's statement, the witness was asked to ask the defendant about the mobile phone on which the toilet stop site was located, and the defendant was holding a mobile phone in the toilet space without any word. After that, the victim did not call when the witness discovered the mobile phone in the toilet and made the phone call to the victim's phone number, and there was no fact that the defendant made the statement "the thickness to find the main body". Accordingly, according to the above facts, the defendant's illegal acquisition intent can be sufficiently recognized.

The defendant's assertion on this is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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