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(영문) 서울서부지방법원 2019.06.05 2018고정968
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 06:00 on December 31, 2017, the Defendant stolen KRW 20,000 in cash 20,000 from the main point of “C” located in Mapo-gu Seoul, Seoul, to charge the victim D (nive, 22 years of age) to the case of a mobile phone that he left to the relevant carter.

Summary of Evidence

1. Legal statement of witness D;

1. The witness E’s statement in the fourth trial record (the defendant and his defense counsel found the victim’s mobile phone instead of the victim’s mobile phone, but the defendant did not steals cash owned by the victim and denied the crime. According to the evidence duly admitted and examined by this court, the defendant found the victim’s mobile phone in lieu of the victim’s mobile phone at the location of the main store of this case and found the victim’s cell phone instead of the victim’s mobile phone. At the time the defendant got the victim’s mobile phone at the location of the main store of this case, the defendant was 20,000 won in cash owned by the victim (20,000 won) and sent it to the victim. According to the aforementioned law, the defendant’s assertion that the victim was 20,000 won in cash and 20,000 won in cash adjoined the victim’s mobile phone without the victim’s right to use the mobile phone at the location of this case and 300,000 won in cash was not accepted.

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

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

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