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(영문) 수원지방법원 2016.01.27 2015고정1830

절도

Text

The defendant shall be innocent.

Reasons

1. On March 12, 2015, the Defendant discovered “D” restaurant located in Suwon-si, Suwon-si, Suwon-si, in a “D” restaurant, which is located in C, and discovered the food of “D”, and used a gap in the surrounding surveillance, to block cash of KRW 60,000 in the E-owned mobile phone wall, KRW 3,00 in cash, and KRW 70,000 in the market value of the E-owned mobile phone by taking advantage of the gap in supervision over the surrounding area, the Defendant stolen the food of KRW 5 mobile phone.

2. The Defendant asserted that, on the date stated in the facts charged, the Defendant provided meals to “D” restaurant, but the Defendant did not see cell phone wallets and did not theft it.

3. E’s statements and facts of recognition.

A. E’s statement at the court, “A” arrived at the bus stop, called a mobile phone, sent a phone to a mobile phone manager, and put the cell phone door in the outer mobile phone box, and the branch manager moved to a “D” restaurant on the lane and the vehicle.

A mobile phone tag was off in a state in which he was found, and went back as they were after completing meals, and was unaware of the fact that he was satisfing at that time.

It was known that the cell phone was lost at the time when about 30 minutes to 1 hour after the end of the car, on the string of the above stranger's car and the house.

Finally, since there is no driving club line until the fact that a mobile phone has been lost after the last use of the mobile phone, it is true that the mobile phone has been depreciated in the restaurant.

The first time to judge the telephone with the knowledge of the loss was taken out by all, but the 3-4 city radius was turned on at least 30 seconds, but the telephone was cut off.

B. On-site CCTV images (the fact of recognition 19) E, around 13:19 March 2, 2015, completed meals with two occinants at the aforementioned “D” restaurant with two occins.

2) The Defendant, 13:27, 8 minutes thereafter, was mixed with the Defendant, and he was seated E.