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(영문) 수원지방법원 2014.04.17 2014고단513
절도
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case brought about one cell phone (VR3) with the market price of 500,000 won in the victim’s possession of the victim’s cell phone (VR3) located in Ansan-si D Hospital from May 25, 2013 to 19:00. From May 25, 2013, the Defendant brought about one cell phone (GR3) with the victim’s market price of 500,000 to 507:0,000 from June 14, 2013 to 505: (a) one mobile phone (GG3) with the victim’s market price of 950,000 won in the victim’s possession of the victim’s cell phone from around 50,000 to 19:50; and (b) one mobile phone with the victim’s market price of Y owned from around 17, 2013 to 200,505.

2. The Defendant and his defense counsel consistently changed from the investigative agency to the present court to the purport that “the victims’ cellular phone has not been stolen” and the defense counsel also asserted that “the evidence presented by the prosecutor’s office cannot be found guilty of the facts charged of this case.”

3. The prosecutor, as evidence to support the facts charged of the instant case, submitted the statements to the investigating agency of the victims, witness I’s statements, etc. In light of the following circumstances, such evidence alone cannot be deemed as sufficiently proven to the extent that there is no reasonable doubt as to the facts charged of the instant case.

Therefore, the defendant is not subject to larceny.

① The victim E also takes care of the fact that the victim E, “where he/she went to a hospital, he/she gets a cell phone and she returned to the hospital, he/she did not have a cell phone.” The victim G also takes care of the patient room adjacent to the hospital room.

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