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(영문) 서울중앙지방법원 2013.10.10 2013노2497

절도

Text

The defendant's appeal is dismissed.

Reasons

1. There is no evidence that the defendant has stolen the bicycle of this case.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. On December 6, 2012, the lower court duly admitted and examined the evidence, i.e., (i) when the Defendant first makes a statement as a witness from the police station on December 6, 2012, the Defendant graduated from the department of management of Ma University in 2011, on the ground of NN’s E-site (E; hereinafter “instant site”) and posted a writing and a photograph on the bicycle parts using NN’s CCTV in 20 months. On December 5, 2012, the lower court stated that the Defendant lent NN’s cell phone from 20 months to 20 months, and that the Defendant lent the Defendant’s new bank passbook and card number to 20,000,000,000,000 from 26,000,000,000,000,000,000,000) and 2,00,000,00.