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(영문) 광주지방법원 2021.01.13 2020노234

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor on the gist of the grounds for appeal, the court below erred by misapprehending the fact that the defendant was innocent despite the fact that the defendant stolen the cash of the victim.

2. Determination

A. On November 17, 2018, the Defendant discovered that KRW 400,00,00, out of the amount of money that the victim D, a business owner, sold and stored in the calculation unit, was placed on the right side of the depository in a white receipt on which the settlement of accounts was made in order to put in the depository under the supervision of E, an employee, who is an employee, while working as an employee in Gwangju Mine, around 21:30 on November 17, 2018, the Defendant: (a) discovered that he left the knive hand on the right side of the depository; and (b) took advantage of the gap in surveillance of E mobile phones, the Defendant cut off the cash amount of KRW 400,000,000, which was 400,000 on the right side of the depository, and then put it into the knbus on the knbus.

B. The judgment of the court below held that the CCTV images consisting of CCTV images taken by the defendant as evidence that seem to correspond to the above facts charged, but in light of the fact that the defendant was exposed to the calculation unit, and the defendant was exposed to the main machine (round November 17, 2018, around November 17, 2018, around 21:31:32, at the time of shooting), the defendant's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

The defendant was acquitted on the ground that there is not any other evidence to acknowledge it, and there is no other evidence to acknowledge it.

(c)

The following facts acknowledged by the evidence duly adopted and investigated by the court below, i.e., the convenience store at the time of the case:

E shall be placed in the calculation team with a white receipt of KRW 400,000 in cash, in the lower bottom, and the CCTV images taken by the defendant.