(영문) 수원지방법원 성남지원 2017.03.15 2016고정1088

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(영문) 수원지방법원 성남지원 2017.03.15 2016고정1088

절도

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 20, 2015, the Defendant: (a) while working as an employee at the D convenience store located in Seongbuk-gu, Sungnam-si, Sungnam-si; (b) had a student card owned by the victim E, a lot of card, a cash card, a cash card, and a cash 23,000 won, and stolen the same.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement about witness E and F;

1. Statement made by the police with regard to F;

1. On-site CtV video materials (the Defendant asserts that the victim only left the warehouse within the convenience store on the ground that the victim lost the wall so that the victim could recover the wall, and that there was no theft of the wall wall.

However, the evidence presented to the effect that the defendant, as a whole, entered the warehouse in the convenience store by having the victim enter the warehouse in the convenience store, and found about four minutes from them again and did not look at the victim's wall to confirm whether to remove the wall. The defendant's change that the victim had to return to the warehouse is not sufficient front and rear, but consistent with the defendant's change that the victim's request for confirmation was rejected, and the victim's convenience store operator's convenience store operator's perusal of the cctv video on the following day. The defendant confirmed the entry of the warehouse in the warehouse with the victim's request for confirmation, and asked the defendant, while the defendant first asserted that there was no fact that he collected the wall from F in the warehouse, the defendant first heard that he did not have collected the wall from F in the warehouse.

In light of the fact that the statement was reversed, and that F did not discover a wall that the defendant left in the warehouse of the goods at the time, the defense of the defendant is not reliable, and the defendant collects the wall.

유사 판례

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