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(영문) 의정부지방법원 고양지원 2017.07.13 2017고정478
절도
Text

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

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

Reasons

Punishment of the crime

On October 18, 2016, the Defendant, at around 13:10 on October 18, 2016, committed a theft of 3 gallon mobile phones from a corporate bank located in Seoyang-gu, Seoyang-gu, Seoyang-gu, 53, on the automatic payment machine in cash at its location, by having the victim C, on the automatic payment machine, resulting in a theft of gallon-gu mobile phones equivalent to the market price of KRW 1 million between the Defendant and the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (with respect to the analysis of CCTV at the scene of damage), investigation report (specific inquiry, visit the residence of the suspect, voluntary submission, etc.);

1. In full view of the following circumstances, the instant facts charged can be fully acknowledged based on the photographs of seized articles (the evidence revealed by the above-mentioned evidence):

(1) The Defendant was in custody of a victim, who reported the victim’s cell phone, located far from the floor of the cash withdrawal machine of an enterprise bank, to find the main phone.

The argument is asserted.

However, according to CCTV images, the defendant collected the victim's hand phone at the time of cash withdrawal and immediately went out of the above place.

② After the investigation began, the Defendant denied the fact that he brought a portable phone, and returned the CCTV image to him after being notified of the CCTV.

The personal telephone was separated from the main body and the exhaustr, and the Defendant did not return the window-fluor telephone cases.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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