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(영문) 서울서부지방법원 2020.11.09 2020고정768

절도

Text

The defendant shall be innocent.

Reasons

1. Defendant of the facts charged: (a) Seoul Mapo-gu around 20:20 on December 16, 2019

B. At the 1st floor “C” clothing shop, a mobile phone located on the display stand in the space where the victim D, the main owner of which is the victim, was found, and then, a mobile phone (Aphone X) with one million won at the market price owned by the victim was stolen.

2. The following circumstances acknowledged by the evidence and data submitted to the judgment, i.e., the cell phone of this case, immediately after the mobile phone of this case was contacted by the defendant, by visiting the clothing store of this case in addition to the criminal records confirmed by the defendant, such as E and F, and the defendant was settled, and the victim did not immediately turn off from the cell phone of this case, and divided the conversations with the phone of this case. On the day of this case, the fact that the victim reported on the acquisition of the cell phone of this case to the nearby police box after the completion of his own schedule, etc. is very difficult to understand that the person committing the crime of theft was committed intentionally, and that there was no behavior that can normally be taken by the person to commit the crime, such as whether another person was installed CCTV in the cell or in the store immediately before the collection of the cell phone, and it cannot be said that the submission of the evidence by the prosecutor alone was proven to the extent that there is no reasonable doubt as to whether the defendant had intention to commit the crime of theft.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of judgment is not publicly announced pursuant to the proviso of Article 58(2) of the Criminal Act.