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(영문) 서울서부지방법원 2013.12.12 2013고정400
절도
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was found in the PC located in Eunpyeong-gu Seoul Metropolitan Government 3rd level as an employee, and the Defendant found, around March 7, 2012, in the PC room, 2000 won in cash 20,000 won, resident registration certificate 1, physical card (Korean bank) 1, etc., the victim E, who was a customer, was deprived of 600,000 won in hand.

2. Determination

A. As to the above facts charged, the defendant asserts that it is true that what is the rear side of the victim during the time stated in the above facts charged, but it is merely an garbage, etc. and it is not a wall of the victim, and thus, it cannot be recognized as the facts charged.

B. As evidence consistent with the above facts charged, the victim’s statement and the photograph of the crime scene is available.

However, in this court, the witness F, who was at the time with the defendant, the victim and the victim, etc. at the above PC room, stated that the victim would have lost the CCTV images together with the victim, but there was no special circumstance. After the victim's request, the victim made a statement that he had transferred the CCTV files on the day, and the victim knew that he lost the wall from the above PC room in this court, together with the defendant, F, etc. at the time, he examined the CCTV images, but at the time, the defendant did not see the PC image. However, at the time when the defendant got off the PC room, he did not look at the CCTV files from F, the president of the PC bank after going back to the house, and after the date of the above PC room, it seems that the defendant would not have lost or would not have lost the CCTV files, taking account of the fact that the victim's statement that what is after the victim's crime was recorded in the facts charged, it would be difficult to 200 days prior to the date of the crime.

In addition, the CCTV.

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