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(영문) 대구지방법원 2016.12.14 2016고정377
절도
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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

The defendant is an unqualified person.

On January 11, 2016, the Defendant stolen LG G3 (D) mobile phones equivalent to KRW 900,000,000 at the market price of the passenger tickets sold to the victim C, who was temporarily set up on the ticket sales machine, within the 150 GG 3 (D), Nam-gu, Daegu-gu, Daegu-gu, 150 G-gu, Daegu-gu.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Seizure record and list;

1. A complaint;

1. Reports on fire-proof items and photographs;

1. A report on investigation (to attachCCTV images) and each photograph;

1. As a result of the inquiry and reply to the fact finding at the Ansan Station of this court [the defendant and his defense counsel asserted that the defendant's cell phone with possession of the victim's cell phone is the crime of embezzlement of stolen merely for the possession of the stolen object. Even though the lost object is an object, if the possessor of the property becomes aware of its location and can find it, the possessor's possession shall not be lost by social norms. According to each evidence of the judgment, the victim's assertion is not applicable to the defendant and his defense counsel since he purchased boarding tickets at the Ansan Station, which is the place of the crime of this case, with cell phone prior to the time of the sale of boarding tickets, and moved back to the place of crime and reported it without a cellular phone. Accordingly, according to the legal principles on possession and social norms, it cannot be said that the above mobile phone exceeded the victim's possession. Accordingly, the defendant and his defense counsel's assertion is not applicable.]

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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