(영문) 수원지방법원 평택지원 2013.11.22 2013고정261

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(영문) 수원지방법원 평택지원 2013.11.22 2013고정261

절도

Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged: (a) around July 30, 2012, the Defendant: (b) calculated only part of the goods in the Fmaart operated by the victim E in Pyeongtaek-si; and (c) cut off a part of the goods with one unit of KRW 18,800 at the market price owned by the victim and one unit of KRW 24,500 at the market price by means of not writing and calculating the paper.

In addition, the defendant from that time to that time as shown in the list of crimes in the attached Table.

8. From 22 up to 22, only a part of the goods are calculated, and a part of the goods was stolen by means of not entering and calculating the paper on a paper, the total market value of which is 152,600 won.

2. The judgment of the court below is based on the following facts: (a) the Defendant stolen each article by “the part of which is calculated with the purchase of the article, and the part of which is written below and not calculated.” (b) However, as a result of the CCTV image verification, the victim and the prosecution alleged that “the Defendant concealed the article above at the bottom of the carart,” and had the victim and the prosecutor examine the facts charged to the effect that “the Defendant concealed the article above at the bottom of the carart,” and thus, it is necessary to examine whether the Defendant stolen each article listed in the facts charged above by hiding it at the bottom of the carart.

As shown in this part of the facts charged, there are statements by the witness E and the investigative agency, the written confirmation of the defendant's preparation (16 pages of investigation records), and the statement of the sales ledger.

However, in light of the following circumstances acknowledged by the defendant's legal statement, witness G, and H's each legal statement, witness I, part of the court's testimony, witness examination protocol, etc., each of the above evidence is insufficient to recognize the above facts charged or it is deemed that there is no credibility.

A. According to CCTV images, the head of the Defendant’s display stand for the goods indicated in the facts charged on each day of the facts charged.

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