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(영문) 서울중앙지방법원 2015.05.28 2014고단4694

절도

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 16, 2014, the Defendant: (a) at the second floor parking lot located in Gangnam-gu Seoul Metropolitan Government E department stores Gangnam-gu, Gangnam-gu, the Defendant: (b) discovered that the boxes containing 4,500,000 Spanish clothes, which are located in the above department store department stores G, are loaded in the said boxes while waiting F, who is in the said department store store staff; and (c) stolen the said boxes, which temporarily stopped any gap in surveillance.

2. In the second protocol of the trial, there are the witness G’s statement statement in G, the police’s statement statement in G, and CCTV video CDs.

G Police and legal statements did not directly witness the scene of the crime, one of the gamblings containing clothes was stolen, and confirmed it after the crime, so it is insufficient to recognize the facts charged of the crime of this case.

Next, as to CCTV video images, from around 51 March 16, 2014 to around 54:51 on the same day, a person can see the appearance of rapidly moving from the left side of the screen to the right side of the objects that appear to be a Myanmar color with two descendants. However, such images alone are insufficient to recognize the facts charged in the instant case where the Defendant stolen one of the gamblings containing No. Spanish clothes 45 punishment, and there is no other evidence to acknowledge it otherwise.

Therefore, since the facts charged in this case constitute a case where there is no proof of a crime, the court acquitted the defendant under the latter part of Article 325 of the Criminal Procedure Act, and publicly announced the summary of the judgment of the defendant under Article 58