Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

On July 2, 2017, around 15:20 on July 2, 2017, the Defendant: (a) cut off the victim D (V, 34 years old) on the instant table; (b) with one cellphone with a market price of KRW 700,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Written petition of D;

1. Investigation report (fields and ctv confirmation and investigation);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant stated the date and time of the crime, and at the place of the crime, brought the victim’s cell phone, but the Defendant was trying to find the principal offender and was unable to return it to the wind, and there was no intention of theft.

The argument is asserted.

However, in light of the following circumstances revealed by each evidence of the ruling, the defendant can sufficiently be found to have had the intention to commit a theft.

① On July 2, 2017, around 15:15, the Defendant was seated at the victim’s side at the above coffee specialty, and around 15:27, the Defendant discovered a mobile phone with the victim’s mobile phone and moved the mobile phone at around 15:30, while moving the victim’s mobile phone.

In this regard, the defendant did not see that he was a mobile phone operator to the surrounding people, and when moving a place to another place, the defendant left the mobile phone to find the mobile phone, so that he was called "(the page of evidence record)," but the coffee specialty is a place under the management of employees, etc., so if the defendant was for the purpose of finding the mobile phone operator, it is common sense to inform the employee of it, or if it is expected that the victim would recover the lost material again.