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(영문) 수원지방법원 안산지원 2013.07.23 2013고정640
절도
Text

The defendant shall be innocent.

Reasons

1. On December 5, 2012, the Defendant: (a) around 23:10 on the street in front of the D market located in Ansan-si, Ansan-si, the Defendant: (b) driven the taxi passenger E in front of the D market located in Ansan-si; and (c) driven the taxi with the mind that the taxi passenger E would have a defect in the vehicle while leaving the taxi; and (d) stolen the above bank equivalent to approximately KRW 70,000,000,000 of the market price where there was a cosmetic, lock-gu, Agricultural Cooperative passbook, etc., for approximately KRW 10,000,000 which was owned by the victim.

2. In light of the fact that the victim did not mention the fact that he gets a defendant when he gets out of the taxi (the witness E’s legal statement), the evidence of the submission of the examination, such as the witness E’s legal statement, alone, cannot be said to have been proven to the extent that there is no reasonable doubt that the defendant got a victim to drive the taxi, even though he gets out of the taxi while he gets out of the taxi (the evidence No. 1, the victim E gets out of the taxi, and the victim E gets out of the taxi and passed one minute, and the other passengers continued to get out of the taxi after the lapse of one to five minutes, etc.).

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

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