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(영문) 서울남부지방법원 2016.11.10 2015고정1324
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 February 21, 2015, at around 02:22, the Defendant discovered one Gaphone 50,000 won at the victim’s market value, which was the victim’s possession, who d's flocks into the flocks of drinking with his flocks of drinking with his flocks of drinking with his flocks, and stored it in the table table on the main flocks of this day, and stolen it on the same day at around 02:44 on the same day.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. The criminal place;

1. CCTV images;

1. An investigation report [specific suspect] (The following circumstances revealed by the above evidence, i.e., ① the defendant did not take measures to return the smartphone on the day after the defendant had a new wall of this case without any special reason. The victim sent a message to the smartphone of this case, “I return the CCTV and receipt to the police because it was reported as larceny, and it was submitted as evidence.” On the following day ( February 22, 2015) after holding the message, the defendant was assigned to the police by means of hiding his identity, who was the sperper of the message, and ② The defendant made a statement to the female-friendly group who was in charge of the police that “I had any male and delivered it to him at his own request,” and the defendant made a statement to the effect that “I would have clearly known the fact that I would have obtained the CCTV of this case with the intention to return it as evidence, not to mention the fact that I would have obtained it.”

1. Relevant Article 329 of the Criminal Act and Selection of Punishment for the Crime. Article 329 (Selection of Fine)

1. The Criminal Act to attract a workhouse;

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