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(영문) 춘천지방법원 원주지원 2012.11.13 2012고단559
절도
Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

1. The summary of the facts charged: (a) around 02:00 on January 10, 2012, the Defendant stolen KRW 900,000,000, in cash, owned by the victim, from the wall of the victim, while drinking alcohol together with the victim D, at the center of “F” managed by the Defendant in the Republic of Korea, the Defendant used the gap with the victim D, thereby taking the victim into account the difference.

2. As evidence consistent with the above facts charged, the statements of D in this court and investigative agency, the statements of G in this court and investigative agency, H, I, J, K, L and M, each statement prepared by H, J, K, L and M, and the results of the inspection of false horses detection devices.

First, in order to recognize admissibility of evidence as evidence with factual relevance to the result of the examination of the detection device, first, a certain psychological condition change occurs if false words are false, second, the psychological condition change always causes a certain physiological reaction, third, it is possible to determine whether the speech of the person under investigation is false or not by the physiological reaction. In particular, the determination of whether the last physiological reaction is false or not shall be a device that can accurately measure the physiological reaction of the person under investigation who has consented to the examination of the detection device. In particular, the determination of whether the last physiological reaction is false or not shall be a device that can accurately measure the physiological reaction of the person under investigation who has consented to the examination of the detection device, and the description and method of the examination shall be reasonable, and it shall be possible to secure accuracy only when the inspector has objective, objective, and accurate ability to read the measurement content of the detection device. Thus, unless the above various requirements are met, the prosecutor or the prosecutor can grant the defendant the admissibility of evidence as to the results of the examination of the detection machine under the Criminal Procedure Act.

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