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(영문) 서울중앙지방법원 2019.08.22 2019고단2896

절도

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 21:00 on February 12, 2019, the Defendant had a victim D and alcohol at a mutually known point of "C" of Gangnam-gu Seoul Metropolitan Government B hotel 3rd level.

The facts charged by the defendant around 00:13 on the following day are 00:30, but CCTV images are viewed as above, and there is no substantial disadvantage to the defendant's exercise of his/her right to defense.

위 주점에서 나오면서 그곳 의자에 놓여 있던 피해자 소유인 현금 100,000원, 수표 100,000원권 3장, 시가 210,000원 상당의 에어팟 이어폰, 시가 25,000원 상당의 화장품 등이 들어 있는 시가 1,000,000원 상당의 루이비통 클러치 백(이하 ‘이 사건 가방’이라 한다)을 가지고 가 이를 절취하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of partial public prosecutor's suspect against the accused (including the part of statement in D);

1. E statements;

1. The Defendant and the defense counsel asserts that the instant bank did not steals, such as the theft report (thief), CCTV images inside the “Criju store”, and CCTV images of the “B hotel” elevator entrance.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the facts constituting the crime in the judgment can be fully acknowledged.

Therefore, the defendant and his defense counsel cannot be accepted.

(1) The CCTV images inside the main point of the judgment showed the head of the defendant's bank of this case.

② Recognizing that the Defendant was in a toilet with the victim after leaving the above main points. However, if the Defendant intended to transfer the above bank to the victim, it could be sufficiently transferred.

③ Examining the appearance of the Defendant appearing in the above CCTV images, it cannot be seen that the Defendant was under the influence of alcohol at the time. The Defendant cited the instant bank while leaving the said bank, but the location of the said bank.