(영문) 서울서부지방법원 2017.12.13 2016고단3780

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.12.13 2016고단3780

절도

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, around June 8, 2016, at the “EPC room” room located on the third floor of the building D in Mapo-gu Seoul Metropolitan Government (hereinafter “EPC room”) around June 18:22, 201, in cash 85,000 won, which were located on the wall wall.

L. A. L. theft was committed.

2. The alleged defendant does not commit a theft of cash on the wall.

3. Determination

A. In full view of the fact that the victim was stolen of the cash belonging to the wall, the victim’s investigative agency and this court’s statement, the victim’s moving and behavior confirmed by the PC CCTV, the place where the victim discovered the wall, and the circumstances where the victim reported theft in 112, etc., it is sufficiently recognized that the fact that the victim was placed on the PC male toilet at the time and time specified in the facts charged and was stolen of the cash belonging to the wall.

B. As evidence consistent with the facts charged as to whether the Defendant stolen cash, the Defendant’s PC CCTV screen (the CCTV unfolding the outside from the PC room, the male toilet with the second floor and the fourth floor in the PC room located on the third floor, and the fourth floor are confirmed by the male toilet with the fourth floor located on the third floor, and the victim left the toilet on the 18:17:39 on the day of committing the crime indicated in the facts charged, and then left the toilet to the toilet again, 18:22:22 on the screen, and there is no other person than the Defendant).

However, in light of the following circumstances acknowledged by the record, the above evidence alone was proven to the extent that there is no reasonable doubt that the Defendant stolen cash as stated in the facts charged.

It is insufficient to view it, and there is no other evidence to prove it.

1) On the day of the instant case indicated in the facts charged, the Defendant went back to the PC room and continued to play a game on the same spot after approximately one hour after the victim’s report return to the same place and until the police called out.

At the time, the victim is entering one of the toilets and games.

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