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(영문) 서울중앙지방법원 2017.07.19 2016고단8413 (1)

특수절도

Text

The defendant shall be innocent.

Reasons

1. On August 24, 2015, at around 03:22, on August 24, 2015, the Defendant discovered the Victim E who was divingd while drunkly under the influence of alcohol in front of the 1st floor of Seocho-gu Seoul Seocho-gu Seoul, Seoul, and C collected the victim’s right 600,000 won of the market price, which is the victim’s possession adjacent to the victim, and the Defendant collected one cell phone of the amount equivalent to KRW 90,000 of the market price, which is the victim’s ownership, one driver’s license, one copy of the 300,000 won of the market price, and one copy of the KB National Bank’s physical card.

Accordingly, the Defendant, together with C, stolen the damaged goods owned by the victim.

2. On the grounds for the booming of the victim, C made a statement to the police that "A was aware that she will come to a dub," stating that "A was under the influence of alcohol and bring about her money to a dub," and stated to the effect that C actually made a disposition, such as the cellular phone and driver's license, etc., ② C appears to have actually taken the disposition of the instant cell phone and driver's license, ③ F was called "C was on the way that C was going to go to a house from the police," ④ C was responsible for the Defendant to minimize its criminal responsibility during the police investigation. In light of the fact that there were circumstances that the police police and the statements in this court fall short of credibility as a whole, and the remaining evidence submitted by the prosecutor are insufficient to recognize the facts charged in this case.

3. If so, the instant facts charged constitute a case where there is no proof of a crime, and thus, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, and the Defendant does not consent to the public notice of the verdict of innocence. Thus, the purport of the public notice of the judgment of innocence under the proviso of Article 58(2) of the Criminal