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(영문) 창원지방법원 마산지원 2014.05.13 2013고정644
절도
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 6, 2013, around 03:40 on January 6, 2013, the Defendant stolen a white cell phone (bera 3) worth KRW 1,00,000,000 in the market price where the victim C was sleeped while playing a game and sleeped on the floor, around 424, Sleep-gu, Sleep-gun, Gangwon-do, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Determination as to the Defendant and his defense counsel’s assertion of the investigation report (CCTV image to capture)

1. The defendant alleged that the victim's cell phone at the time is identical to the victim's cell phone (gallon No. 2) color and size, and sees the victim's cell phone as one of his own cell phone and puts the victim's cell phone into the Australian machine at the hotel room, but he knew that his cell phone is not his own cell phone and then left the victim's cell phone on the hotel set.

Therefore, the defendant has no intention of illegal acquisition of the victim's mobile phone.

2. According to the above evidence, at around 03:40 on January 6, 2013, the Defendant: (a) operated a game before a slot machine; (b) operated a mobile phone of the victim who was left from the floor of the group; (c) operated the mobile phone by putting it into the bottom of the game machine; (d) operated the mobile phone again; and (e) finally, put the mobile phone into the bottom of the game machine; (c) the Defendant carried the mobile phone again; (d) carried the mobile phone at around 06:0 on the same day; and (d) carried the mobile phone at around 06:0; (e) the victim was aware that the mobile phone was lost; (e) reported the loss of the mobile phone at around 06:0 on the same day; and (e) the police reported the loss of the mobile phone at around 06:00 on the same day; and (e) confirmed that the Defendant was aware of the CCTV at around 07:00 on the same day.

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