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(영문) 서울남부지방법원 2017.08.09 2017고단1439
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 8, 2016, at around 23:15, the Defendant stolen another’s property by discovering a gallon (S6 smartphone) at the victim E ( South, 47 years old)’s market price set on the urinal flag, and taking them up at the gallon (e.g., 90,000 won).

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. A protocol concerning the interrogation of suspect by the prosecution against E or F;

1. Report of investigation (specific suspect);

1. Application of the Act and subordinate statutes to CDs (CCTV video recording);

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Reasons for recognizing the facts constituting the crime under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;

1. According to the above evidence, the following facts can be acknowledged.

① 피해자는 범죄사실 기재 일시 즈음에 휴대전화로 통화하면서 커피� 화장실로 들어갔다.

After that, the toilets have been kept in a toilet without making a currency.

② 피해자는 화장실에서 나온 후 5분 여가 지 나 다시 커피 �에 들어와 곧바로 화장실에 들어갔다 나왔다.

이후 커피� 직원에게 폐쇄 회로 카메라 화면의 확인을 요구하여 확인하고서 112 신고를 하였다.

On the other hand, the victim placed his cell phone in the above toilets.

one-time statement is made.

In full view of these statements and the above facts, the victim has set his own cell phone in the above toilets. After five minutes, it can be found that there was no cell phone and there was no cell phone in the toilets.

2. According to the same evidence, the following facts may be acknowledged:

(1) A victim left a toilet and entered the toilet by the defendant.

The defendant entered the toilet while the defendant was in the toilet, and the F entered the toilet, first of all, in the toilet.

(2) The defendant shall keep in line his/her coffees immediately after it comes from a toilet.

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