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(영문) 대전지방법원 천안지원 2015.07.17 2015고정245
절도
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

At around 12:00 on November 20, 2014, the Defendant stolen the victim’s property by taking gallon 1 handphones at the market price of 50,000, in a gallon gallon, which is equivalent to 50,000 won, after taking a gallon gallon gallon, and taking the cell phone back to the victim D, who is an employee of the aforementioned mobile phone store in the Dong-gu, Dong-gu, Seoul Special Metropolitan City, the Defendant stolen the victim’s property by taking advantage of the difference where the victim’s surveillance was neglected.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of the report on internal investigation;

1. The video of the photograph [the defendant and his defense counsel paid the mobile phone price, and brought about the mobile phone and did not have the intention of theft. However, the above argument is not accepted, considering the following: ① the defendant did not return to the store outside of the store without the consent of the victim; ② the defendant was found to have been in front of several hours; ③ the defendant was demanded to return the mobile phone; ③ the defendant was found to have been in front of the store after the several hours; ③ the defendant did not pay the mobile phone price only between the victim and the victim; ④ the victim was waiting for the defendant; ④ the victim was reported to the police without the victim; thus, it can be recognized that the defendant had the criminal intent of theft; thus, the above argument is not accepted).

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment shall be set forth in the same sentence considering the circumstances at which the defendant has a majority of criminal records of the same kind of crime, in consideration of the circumstances in which the defendant's intellectual disability second degree and the damage

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