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(영문) 부산지방법원 2016.02.17 2014노4601
절도
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the time of the instant case, committed a theft of a wall owned by the Defendant on the part of the victim, who was placed on the victim’s wall, only after the Defendant moved on one of the lelebs in the electronic stamp located within the convenience store at the time of the instant case. The evidence submitted by the Prosecutor alone that the Defendant stolen a wall owned by the victim.

Even though it is difficult to conclude it, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous by misunderstanding facts and affecting the conclusion

B. Improper sentencing (preliminary) that the lower court sentenced the Defendant (one million won in penalty) is too unreasonable.

2. Determination:

A. On November 9, 2013, around 14:55, the Defendant discovered the following facts charged: (a) within the convenience point located in Gangseo-gu Busan Metropolitan Government C (hereinafter “D convenience store”); (b) around 14:48 on the same day, the victim E was at least 3.50,00 won of gift certificates owned by the victim, cash of KRW 1.50,00,000, and the market price of the CCTV using credit cards, etc. (hereinafter “the instant ground wall” in this case) at the convenience store (hereinafter “the electronic stamp” in this case); (c) there was no person witness for convenience in the police process; and (d) the victim was out of the CCTV list at each of the instant convenience points to verify the CCTV list within the scope of 3.50,00 won; and (e) the victim was out of the CCTV list at each of the instant convenience points; and (e) the victim was out of the CCTV list at each of the instant police station’s view to verify the CCTV list.

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