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(영문) 춘천지방법원 2017.09.13 2017노20

절도

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant thought that he was in the clothes he purchased, and brought the scam to the place where the scam was brought to the place where the scam was brought to the place where the scam was brought to the scam, but the scam was not stolen, and the scam was not stolen.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. Around June 3, 2016, the Defendant: (a) placed the victim’s goods purchased at a different location from the victim E in the calculation unit; and (b) took advantage of the gap between the head and the head; and (c) took advantage of the gap in the market price of the victim’s goods stored in the calculation unit (i.e., 8,000 won and 3,000 won at the market price.

B. Comprehensively taking account of the following circumstances acknowledged by the records and changes in the judgment, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the defendant brought about the goods in the Defendant’s flag with the intention of theft, and there is no other evidence to prove otherwise.

① The store location D (hereinafter referred to as “the instant marina”) is a side accounting unit, not a cost of calculation in which the victim was lost, after having worked at the police room on the following day of the instant case and having been examined by the victim of the instant marina store.

In this regard, the body found the body of the inspection, and the body of the inspection was the body of the victim, and the body of the inspection was the body of the victim.

In addition, the victim was also able to receive one book (large 6 books) and breab in the enclosed in the court of the court below.

The victim stated in the court below that “A was contacted by the police after the third day’s approval” and “A was contacted by the police.” However, the investigative agency was contacted by the employees of the instant marina on the following day.

The statement seems to have been made (37 pages of evidence records), and even if the victim of domestic affairs was contacted after 3 days, this is also applicable.