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(영문) 서울서부지방법원 2017.10.11 2017고단1261
절도
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

around 17:56 December 3, 2016, the Defendant, at around 17:56, kept in custody of the lost goods of the Kabow at the “D Kafbook” located on the first floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, at around 196, take out one of the Defendant, who was in custody of the lost goods of the Kabow at the same location, at the market price of 78,00 won owned by the victim E (22 tax, leisure).

Then, the theft was committed.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. A survey report (Confirmation ofCCTV content);

1. CCTV images (the CCTV images taken at the scene where the crime was committed: (a) around 14:07 on December 3, 2016, in which F put the victim's wave into custody on the left part under the above carpet, and (b) around 17:56 on the same day, at around 17:56 on the same day, the Defendant placed his cell phone and cosmetics in custody, which he had been on the seat of the carpetter, and stored the above hand in custody, and then cut out the door below the cell phone; (c) it is recognized that he again stored the cell phone in custody; (d) it was confirmed that the victim's wind was lost in custody; and (e) even though F and G confirmed the CCTV images between the above two points, it was not confirmed that the person was not in custody until the end of the business of the CCTV, while G did not check the CCTV.

On the other hand, the defendant argued that F puts the victim's right in custody and left the custody of the victim's cosmetics and English books, etc. after leaving the custody of the victim's right, but this is not consistent with CCTV images, and it is hard to believe that F and G are disadvantageous to the defendant in light of the fact that the defendant contained the cosmetics on the day of committing the crime in his own bank and used the cosmetics.

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