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(영문) 부산지방법원 2018.01.11 2017고정1156
절도
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On February 5, 2017, around 05:00, the Defendant: (a) boarded the back seat of the 3 creative taxi located in the middle line, Jung-gu, Busan, Busan, in the vicinity of the 3 creative line security center; and (b) laid the destination, on the back seat of the 3 creative line; (c) discovered one of the 71 of the 100,000,000 won at the market price, which was placed on the back seat of the 3 creative line; and (d) stolen the 71 of the 100,000,000 won at the market price, which

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. Report on internal investigation (16 pages of report on telephone conversations and investigation records);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The defendant asserts to the effect that the victim did not have the intention of larceny, since he did not have the victim's mobile phone in order to find out his mobile phone, he did not want to do so.

2. It shall be regarded as such.

① 피고인은 2017. 2. 5. 05:00 경 공소사실 기재와 같이 친구인 E과 함께 택시 뒷좌석에 승차한 뒤 피해자가 택시에 두고 내린 아이 폰 7 휴대전화를 발견하였으나, 택시 운전사에게 휴대전화를 발견하였다는 사실조차 알리지 않은 채 위 휴대전화를 가지고 그대로 귀가한 후 위 휴대전화의 전원을 껐다.

Since then, the Defendant did not take measures such as leaving the above mobile phone to the police, and was contacted by the police around February 9, 2017, and was present at the police around February 12, 2017 and submitted the above mobile phone.

② On February 5, 2017, the victim reported the loss of the aforementioned mobile phone to a radio operator on February 5, 2017, and reported it to the police around February 6, 2017.

The victim took the phone immediately after having taken the cell phone at the investigative agency, but all of the above mobile phones were not taken out.

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