(영문) 의정부지방법원 2014.05.14 2014고단150

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(영문) 의정부지방법원 2014.05.14 2014고단150

절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:50 on November 8, 2013, the Defendant had one cellular phone of the victim E, the market value of which was 400,000 won, owned by the victim E, who was on the deposit of the office located in the station.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E (including each Handphone photograph);

1. Application of Acts and subordinate statutes to a photograph of Handphones (in the investigation record No. 75 pages);

1. Relevant Article 329 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of probation and community service order

1. The Defendant, with the knowledge that he used to take-on the part of a female-friendly Gu, was identical to that of a Handphone, had no intention to steal the Handphone of the victim.

2. The judgment below acknowledged by the evidence duly adopted by this court, i.e., (i) the victim's Handphone was Myanmar as alleged by the defendant, but the victim's Handphone was used at the time, and it was difficult to take the victim's Handphone in the same handphone as the part of the defendant's woman-friendly room in Myanmar because the victim's Handphone was used at the time, (ii) the victim's Handphone was used at the oil station in which the victim's work, with a handphone at the station in which the victim's work, was located, and the victim's Handphone was known of the victim's Handphone at the next five to six minutes between the victim's day, and then the victim's Handphone was stored in G, and the victim's Handphone was returned to the victim. Thus, the victim's Handphone was lost at the time when the defendant's Handphone was returned to the victim, but the victim's Handphone was not removed.

참조조문

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