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(영문) 서울서부지방법원 2018.06.20 2017고정1584
절도
Text

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

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

Reasons

Punishment of the crime

On May 4, 2017, around 09:10 on May 4, 2017, the Defendant: (a) committed a theft of a mobile phone with the victim C (19 years old) with one cell phone in which the market price cannot be known while smoking at the Yongsan-gu Seoul Metropolitan Government 55-ro, which was 23-lane 55.

Summary of Evidence

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

1. Statement made by the police against D;

1. A written statement prepared in C [The defendant's finding of a cell phone stated in the facts constituting the crime is inconsistent, but E is willing to find the main phone;

The author argues that E's cell phone was not stolen from the cell phone, and the cell phone was not stolen.

However, the following facts and circumstances are acknowledged by the evidence duly admitted and investigated by this court, i.e., ① the defendant was next to the defendant at the time.

E, F, D, and G were asked where they can sell a mobile phone anywhere after acquiring a mobile phone. ② When the victim was aware that the victim was the owner of the mobile phone after about 10 minutes, the Defendant did not return the mobile phone to the victim even though he was aware of the fact that the victim was the owner of the mobile phone after about 10 minutes, and ③ the Defendant stated in the investigative agency that “E is left to him and is called as “non-taxary and non-taxary income” will be sold by E himself.

I would like to know the correct meaning in the question of “I’t say I would not say I would like to find the State or the State.”

In full view of the fact that the defendant's assertion is not reliable, and according to the evidence of the judgment, the fact that the mobile phone was stolen as stated in the judgment of the defendant is recognized) shall be applied to the law.

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

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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