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(영문) 대전지방법원 2014.07.03 2013고정2457
절도미수
Text

The defendant shall be innocent.

Reasons

1. The Defendant discovered that the Defendant was frightening off the way to drink alcoholic beverages, and frightened off the creshing of the cresh by using the cresh in which surveillance is neglected.

On October 6, 2013, at around 04:50 on the Seo-gu, Seo-gu, Daejeon, the Defendant did not commit an attempted crime, even if he was aware of the witness who was on the spot, who had been on the spot, in order to steals the eropib by holding the 500,000 won of the market price owned by the victim D (ma, 47 years of age) in front of Seo-gu, Seo-gu, Daejeon.

2. We examine the judgment. The issue of whether the defendant started to execute the theft with the intention of larceny is whether or not, and there are witness F, G and H's respective legal statements and written statements as evidence corresponding thereto.

However, in light of the following circumstances, it is not sufficient to recognize that the Defendant started the commission of theft with the witness F, G, and H’s statements alone, and there is no other evidence to prove otherwise.

① First, at an investigative agency, F drafted a written statement stating that “the Defendant has posted a key up to the Otoba, forced him to kid, and forced him to kid,” “The Defendant brought the Defendant to go at the Otoba Sim without a key,” and H has attempted to move only the kidba, and forced him.”

However, in this court, F stated that “The Defendant did not directly stick a key, but the Lone set aside the Lone set aside.” G stated that “I would not memory whether the Defendant had a key on his hand,” and H stated that “I would like to stick the key on the Lone set up in the main machine, thereby leaving the key on the part of the Defendant.”

After all, the above witnesses will look closely at the defendant's behavior at a place far away from the defendant, but they refer to the defendant's office.

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