(영문) 서울북부지방법원 2017.03.09 2016고정2420

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자간(%)

(영문) 서울북부지방법원 2017.03.09 2016고정2420

절도

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 28, 2016, around 08:35, the Defendant: (a) laid off Samsung Ggalthro 4 mobile phones in the front of the store in order to open the store door by the victim D (son, 49 years old) located in Dobong-gu Seoul, Dobong-gu, Seoul; (b) laid off Samsung Galthro 700,000 won on the front of the store in front of the store, and laid off Samsung Ggalthro 4 mobile phones in order to prepare for open opening; and (c) laid off the cell phone by putting it into the main machine and cut off.

Summary of Evidence

1. Entry of the defendant's partial statement to the effect that he/she carried a mobile phone in the first trial record;

1. Written statements of D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photographs by cutting down CCTV at the scene of occurrence;

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. In determining whether the Defendant brought about the victim’s mobile phone at the time of the instant case to the victim’s mobile phone at the time of the instant case, however, the Defendant thought that the mobile phone was lost and brought about to search for the owner, and at the time of the instant case, the mobile phone did not belong to any person’s possession, and there was no intention of unlawful acquisition by the Defendant.

The argument is asserted.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the instant mobile phone was occupied by the victim, and at the time the Defendant brought the instant mobile phone into the possession of the victim, the Defendant had the intention of theft and the intention of unlawful acquisition.

It shall be fully recognized.

① At the time of the instant case, the victim was in the store before setting the instant mobile phone, and thus, the victim was aware of the location of the instant mobile phone, and the Defendant could easily check that the instant mobile phone was in the store where the instant mobile phone was located.

② The Defendant considers the instant mobile phone as lost and owned by him.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제329조

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