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(영문) 서울중앙지방법원 2019.01.23 2018고정1626
절도
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On May 11, 2018, the Defendant: (a) around 22:13, at the 6 main office in Jongno-gu Seoul Metropolitan Government 201, the victim D (25 years of age) who is an employee of the Defendant laid one mobile phone (one million won of the opon market price) on the table table; and (b) stolen the victim’s property in a non-fluence.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, it is difficult to view that the evidence submitted by the prosecutor alone was proven to the extent that there was no reasonable doubt as to the Defendant’s theft with the instant mobile phone with the intent of unlawful acquisition. A.

According to the visual images taken at the time, the circumstances where the cell phone of the defendant and the victim on the table was set up after the passage of the day are recognized.

However, the table table seems to have been placed not only on the victim's mobile phone but also on the part of the defendant's 2-3 mobile phone, and it is confirmed that the defendant brought about the victim's mobile phone, but it is unclear whether the defendant saw the victim's mobile phone.

B. The Defendant and his day-to-day games were carried out by moving a cell phone on the table of the front line, while drinking alcohol.

The Defendant appears to have returned to work together with his/her own cell phone after completing the game. However, it is difficult to conclude that even if the Defendant had a cell phone of the victim, he/she recognized that he/she was another person's goods, not the objects of driving.

3. In conclusion, since all of the facts charged in this case constitute a case where there is no proof of crime, a not-guilty verdict is rendered in accordance with the latter part of Article 325 of the Criminal Procedure Act, and a summary of this judgment is announced in accordance with Article 58(2) of the Criminal

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