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(영문) 광주지방법원 순천지원 2017.10.26 2016고정489
절도
Text

The defendant shall be innocent.

Reasons

1. On July 16, 2016, around 09:00, the Defendant: (a) removed the victim-owned signboard (48cm x 258cm x vertical length) at the entrance of the 5th commercial building of the apartment complex C, 200,000, at around 16, 2016, with the intention of the Defendant’s use, by using the dryp of the dyp for the purpose of using it.

2. The Defendant stated that he kept the signboard by removing it, but did not think of theft, and that he temporarily removed the signboard to resolve the problem of return of deposit money of the occupant of the said C Apartment Building E.

According to the legal statement of the witness D, the defendant, after becoming aware of the fact that the victim did not have the above signboard, became aware of the fact that the victim got out of the signboard, and until the police called out, acknowledged that he was removed from the signboard later, and there is a doubt about the behavior of the witness.

As shown in the facts charged, the part on which the defendant's statement in the police interrogation protocol and the voluntary accompanying report on the defendant's suspect's suspect is denied, and thus, it is not admissible (as long as the defendant denies the crime with the police investigation document in which the defendant's statement was written as evidence, this part also remains inadmissible). Furthermore, in light of the following circumstances acknowledged by the records of this case, it is probable that the defendant temporarily removed the signboard to solve the problem of return of the E deposit.

In the same way, the defendant stolen a signboard with the intent of unlawful acquisition.

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

(1) A victim has operated the “F” house in the above C apartment shopping mall.

G purchased the above LED signboard from G.

In addition, the signboard in the process that the tenant of the business "E" located in the above C apartment commercial building closes down to the business depression.

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