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(영문) 서울남부지방법원 2021.03.24 2020고정1918
절도
Text

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

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

Reasons

Punishment of the crime

around 13:00 on July 3, 2020, the Defendant entered the first screen of the toilet for female B 1st floor in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, with the victim C above the place of suspension, and stolen this by holding one cell phone with verification color LG V50 (hereinafter “the instant cell phone”).

Summary of Evidence

1. Statement made by the police with regard to C;

1. Application of the C-Written investigation report (on-site CCTV images and cell phone photographs owned by the suspect), investigation report (on-site CCTV images 2) to the Act and subordinate statutes;

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

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant did not steals the instant mobile phone as stated in the facts charged.

2. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the court, the Defendant’s cell phone boomed and stolen the instant cell phone between the victim and the victim.

① According to CCTV images, around 12:59 on July 3, 2020, the Defendant entered the said toilet as an empty hand, and around 13:02 on the same day, it is confirmed that the Defendant saw colored materials of the size similar to the instant mobile phone as his hand (Evidence No. 31, 32 of the evidence record). (2) In addition, according to CCTV images, around 13:02 on the same day, the Defendant’s concealment of the said items at the entrance of the said B building is confirmed at around 13:02 (Evidence No. 34 of the evidence record). (3) The Defendant under interrogation while being examined at the police station, the Defendant is the Defendant.

There was no time to go to the above toilet.

“At the time of release from the above toilet” (Evidence No. 23,24 of the evidence record) while stating “Isk for suspension”, “Isk for suspension.”

c) state “........”

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