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(영문) 부산지방법원 2018.07.11 2017고정2474
절도
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 15, 2017, around 14:28, the Defendant, within the “E” clothes store managed by the victim D (26 Doh, n) located in Busan Jung-gu, Busan, by means of putting the victim’s 1,000,000 color 7 mobilephones in the market value of the victim’s possession, which is the victim’s possession of the knive knive knive knive kivelive kivelive kivelive kivelive kivelive kivelivelive kivelive kivelivelive kivelives.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to investigation reports (related to photographs);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. The judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is that the Defendant was aware of the victim’s mobile phone as the Defendant’s mobile phone at the time of the instant case, and there was no intention to larceny as he did.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence examined and adopted by this court, the defendant's assertion is not acceptable since it is sufficient to recognize the fact that the victim's cell phone is not his own with knowledge of the fact.

(1) The defendant put his/her mobile phone in a paper room, went to the victim's clothes, and found his/her cell phone on the part of his/her clothes and found his/her own cell phone and carried it with him/her at his/her own seat.

In this situation, if a mobile phone is discovered, the driver himself/herself kept the mobile phone first.

It is confirmed that his own cell phone system is located after confirming the location of his own cell phone, and if there is no cell phone stored, it is found that his cell phone is stored in the front and rear.

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