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(영문) 서울북부지방법원 2016.03.31 2014고정2500
절도
Text

The defendant shall be innocent.

Reasons

1. On May 2012, the Defendant: (a) discovered about KRW 500,00 in the underground parking lot in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City around 15:30 on May 201; (b) discovered about KRW 500,00 in total the market value of the victim D’s locked; and (c) caused the theft by using any crepans. In light of the following circumstances acknowledged by the evidence duly adopted and duly examined by the court, the evidence submitted by the prosecutor alone that the Defendant stolen the victim D’s flower as stated in the facts charged.

The recognition is insufficient, and there is no other evidence to prove it.

A. The victim did not directly witness the defendant's theft of the parts in the investigative agency and this court, and E observed that he would bring about the parts to himself.

Merely, the Decision

statement.

B. At around May 2012, E explained in this Court that the Defendant: (a) was towing two chemical parts from the Kapp on the front line to the front line of guard; (b) that chemical parts were not contained in soil; and (c) that chemical parts was an empty part with no plants.

(c)

In this respect, the victim was stolen 4 fired, frighted, frighted, frightd, frightd, and frightd.

The theft of the victim's statements does not coincide with the harmony that E had observed.

(d)

The Defendant consistently stated in the investigative agency and this court to the effect that the Defendant brought about paintings received from other persons than the victim, and the F, G, and H had the fact that they brought about paintings to the Defendant in this court.

As stated above, the unity of E’s witness cannot be ruled out from the possibility that the defendant received from F, etc.

3. In conclusion, 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 Act.

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