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(영문) 제주지방법원 2016.02.18 2015노559

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted, such as the statement by the victim and CD videos, the gist of the grounds for appeal, the facts charged in the instant case are sufficiently proven.

However, the court below found the defendant not guilty on the grounds as stated in its reasoning, and the judgment below erred by mistake of facts.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged in the instant case is as follows: (a) on June 13, 2013, the Defendant was seated in the D cafeteria located in Suwon-si, Suwon-si, Suwon-si, in the 17 table tables. On June 13, 2013, the victim E, who was seated in the table table No. 18,500,000 won (2.5 million won) of the market price of the victim E, who was seated in the table table immediately next to the table, was laid in the table table No. 17, and took meals, using the gap in which management was neglected, moved the above bank to the toilet, and then deducted the Nowon-gu only from the bank.

In other words, he stolen Nowon-gu, the victim's possession.

B. As to the judgment of the court below, the court below held that ① the cafeteria of this case, especially the 17,18 table table table 17, and the 2nd table table 18 table table 17, where the defendant and the victim were sittingd, and there were many customers on the actual day. ② The time from the 7:00 p.m. of the time when the injured party entered the cafeteria of this case to the cafeteria of the defendant 9:25 minutes from the 7:0 p.m., when the cafeteria of the cafeteria of this case, the time between the defendant and the cafeteria of the cafeteria of this case can be seen as the highest time for ordinary customers. ③ The cafeteria of multiple cafeteria of the above cafeteria of the cafeteria of this case, the injured party got off the cafeteria of this case, and the cafeteria of the cafeteria of this case had no distance between the defendant and the victim and the cafeteria of this case.