(영문) 광주지방법원 2017.01.19 2016고단3143

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(영문) 광주지방법원 2017.01.19 2016고단3143

절도

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A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 15, 2016, at around 04:00, the Defendant: (a) laid down a waiting room in front of the first floor medicine room of the D Hospital located in Gwangju Mine-gu, Gwangju, with the clothes of the victim E (72) in front of the D Hospital; (b) laid down the stoves of the patient clothes; and (c) cut off the stoves of the stoves of the patient clothes; and (d) cut off with the cash of KRW 100,000,000 in front of the stoves.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E (the defendant merely left the wall of the victim because of the disaster and left the wall again, and only he was inside the wall;

10,000 won was not stolen;

set aside.

However, the following circumstances acknowledged by each of the above evidence, and ① the victim clearly made it clear from the investigative agency to the court of law that the victim had been in excess of 400,000 won in the wall.

consistently stated, the Defendant also made a consistent statement in the investigative agency; and

at the time of seeing that 400,000 won had been paid.

Since the statement was made (record 24 pages), it seems that there was money exceeding KRW 400,000 in the victim's wallets at the time, and ② the victim did not have the amount of KRW 100,000 after the defendant's wall tag.

A consistent statement from the investigative agency to this court is consistently made by the victim. Since the time when the victim confirmed the money of the wall, the time when the victim confirmed the money of the wall has not yet passed since the defendant took hand on the wall, other persons than the defendant did not have money in the victim's wall, or the victim did not have any possibility of loss of money, ③ The time of the crime in this case was 4 Simh, the new wall was judged 4 p.m., and the defendant confirmed the money of the victim's wall to take out the wall, and even the amount of money in the wall was confirmed, it is difficult to see that the defendant's behavior was stolen by the above 10,00 won.

Therefore, the defendant's assertion.

유사 판례

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