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(영문) 춘천지방법원 2017.04.13 2016고정590
절도
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

1. On October 19, 2016, at around 00:06, around 00:06, the victim E, who fested in the main points of Chuncheon City C and D, while drinking alcohol, was fluencing a job together with his/her drinking while drinking alcohol on the table above the victim’s will, he/she was in a room of KRW 500,000 at the market price set up below the victim’s will, and was in that room.

A public official examination document equivalent to KRW 60,000,00 was stolen property equivalent to KRW 560,000 owned by the victim.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the evidence submitted by the prosecutor alone proves that the defendant intentionally possessed a bank owned by the victim to steal was insufficient to have reasonable doubt.

It is difficult to see, and there is no other evidence to acknowledge it.

A. The Defendant asserts that, at the time, an investigative agency had no intention of theft until this court had taken place, and that it was made by mistake as a criminal defendant.

B. According to the CCTV images taken at the time, it is confirmed that the table table of the Defendant’s daily table and the victim’s daily table are adjacent to the right side, and in particular, under the situation where the victim’s daily table was set up, the victim’s bank was set as close as the front side of the table table of the Defendant’s daily table.

In light of the location of such a bank, it is difficult to eliminate the possibility that the Defendant would be mistaken for the Defendant as the Defendant’s first-hand drinking of a considerable amount of alcohol from 00:06.

(c)

In addition, according to CCTV images, the defendant saw the victim's bank without leaving the center, and without leaving the center, it is difficult to view the bank as the general behavior of the person who stolen the bank.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is willing to be acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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