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

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

Punishment of the crime

On April 6, 2015, the Defendant: (a) around 17:30 on April 6, 2015, at the “D” toilet located in Seocho-gu Seoul Metropolitan Government Seocho-gu, the Victim E applied the victim E to three pages; and (b) cut off with one G2 mobile phone equivalent to KRW 800,000,000 in the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of seizure records and statutes concerning the list of seizure;

1. Determination of whether a person is under possession of another person should be made by taking into account the intention of control as a subjective element, in addition to the possibility of management scope or factual management as an objective element, and ultimately, in light of the form of the object in question and other specific circumstances (see Supreme Court Decision 2008Do3252, Jul. 10, 2008). As acknowledged by the record, the victim was well aware of the place in which he/she had installed a mobile phone, and the victim was carrying a mobile phone back to the subway station without considering the fact that he/she thought that he/she had known of the place in which he/she had a mobile phone, and that he/she had a mobile phone back to the subway station, and that he/she still had been carrying the mobile phone again to the above Pederer and the mobile phone again, and that the victim had been still at the time of carrying the phone and the mobile phone again.

Since it is reasonable to see that the Defendant stolen by taking a portable phone under another’s possession.

The defendant was placed in the toilet of the above mobile phone page at the time, so it could have sufficiently predicted that the owner of the above mobile phone is able to memory the place and to find it.

Therefore, it is not possible to thief.