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(영문) 서울중앙지방법원 2021.01.11 2020고단5851
절도
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 14:51 on October 15, 2019, the Defendant stolen the following evidence: (a) one cell phone auxiliary to the victim’s cell phone located at the end of the same location at the end of the clothing display stand in the same location by taking advantage of the gaps of surveillance of the victim D (the age of 42) located within the entrance B 1 of Seoul Jung-gu Seoul, Jung-gu 201, approximately KRW 25,000 of the market price of the victim’s possession; (b) one cell phone auxiliary to the cell phone located at the end of the same location; and (c) 2 pairs of cell phone charging devices at the market price of the city; and (d) one bitle 1,000 of the market price of the non-cosmetic and one bitle.

1. Legal statement of the witness D;

1. Partial statement of the defendant;

1. The defendant and his defense counsel asserted that, at the time of entering the store in the judgment of the defendant, the plastic bags containing the clothing, etc. purchased at another store (hereinafter "the defendant's plastic bags") were put at the end of the part outside the clothing display room in the judgment of the defendant, but after the completion of the calculation in the above store, the victim knew that all of the plastic bags contained in the judgment of the defendant's plastic bags together with the defendant's plastic bags (hereinafter "victims") were the defendant's plastic bags, and therefore, the defendant has no intention to commit larceny.

On the other hand, the victim was suffering from the end of the part of the plastic bags store in the judgment. However, the victim stated that the victim did not have anything damaged to the defendant and the plastic bags of the defendant did not bring all the above plastic bags to himself.

In the decision, there are many people who are only outside of the store due to open outdoor temporary storage, and the victim mainly carried out the business of calculation and packaging in the part inside the store in the decision, and the plastic bags containing damaged articles are caused by the end of the part inside the clothing display room in the decision, such as the victim's statement.

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