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(영문) 인천지방법원 부천지원 2015.10.29 2015고정790
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 16, 2015, the Defendant: (a) around 18:39 Kimpo-si B; and (b) around C, the victim D (33 years of age, South) inside the C Three Deputy Commissioner, stolen the purchase on the table table attached to a drinking water plate, with a gallon 3 mobile phone in an amount equivalent to 9.50,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to report internal investigation (verification of CCTV data at the scene of damage), CCTV images, each investigation report, the secondary inquiry report, the response to the request for investigation cooperation, the analysis of CCTV images, photographs, and the results of investigation report;

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. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that there was no intention of larceny or illegal acquisition, since he brought about the cell phone of the victim who was on the tables of the Sejong Deputy Director (hereinafter “the instant cell phone”). However, the Defendant merely went away from the cell phone or attempted to receive a kind of product by returning the cell phone to the post office.

On the other hand, the following circumstances acknowledged by the evidence duly adopted and examined by the court of this case, i.e., the defendant found the instant mobile phone after arrival at the instant site and did not want to find the main phone, and left the cell phone as it is. ② Even if the defendant attempted to return the mobile phone to the victim according to his own change, even if the defendant could take various measures to return the mobile phone by making a report on the acquisition of the mobile phone to the police station, or by leaving the cell phone to the third vice chief or by leaving his contact information on the table of the third vice chief, the defendant could take all measures to return the mobile phone before the investigation of this case is conducted.

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