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(영문) 전주지방법원 2020.06.18 2019고정52
절도미수
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

At around 13:30 on June 8, 2018, the Defendant: (a) sold the stone of 1.4 million won on the part of the victim C, which was located in Ysan City B, to purchase the stone of 1.4 million won on the part of the victim; and (b) had D carry the stone of 1.4 million won on the part of the victim; and (c) performed preparatory work to transfer the stone to the cargo, but (d) was not stolen on the part of the victim’s report that discovered the stone.

Judgment

According to C’s legal statement, E’s statement of the police statement, and F’s written confirmation, etc., the Defendant was operated after the Defendant’s operation of H located in Hasan City, G, etc., and, on June 2017, I sold the victim’s H site and building, entered into a lease agreement to enable I to continue to engage in his/her business on the same spot, and was scattered into the victim’s and I’s stone in the same field. After which H site and building were transferred to F on April 16, 2018 through a public sale procedure, the victim was the victim’s stone. The victim was not able to unilaterally put the victim’s stone in H because it is mixed with I’s own and I’s request on behalf of the Defendant, and the Defendant was partly sold to D in accordance with the facts charged.

Therefore, it is difficult to see that the defendant tried to sell the building stones in question and bring them to the victim with the knowledge of the fact that the defendant is the victim.

It is impossible to recognize the defendant's intention of illegal acquisition.

Since the facts charged constitute a case where there is no proof of crime, the defendant is acquitted and the summary of the judgment is announced in accordance with Article 58(2) of the Criminal Act.

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