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(영문) 의정부지방법원 2020.10.19 2020고단603
특수절도
Text

[Defendant B] The Defendant is not guilty (Defendant A). The Defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

The criminal facts were corrected in compliance with the criminal facts, as the criminal facts charged for the initial special larceny (Defendant A) were recognized as the sole larceny of Defendant A.

On September 16, 2019, the Defendant: (a) discovered FF cars owned by the victim E in front of the “D” factory located in Goyangdong-gu, Mangdong-gu, Ilyang-si; (b) separated four wheelchairs covers attached to the above cargo wheels by hand; and (c) cut off cargo wheelchairss equivalent to 24,000 won at the market price of the dog owned by the victim by loading them onto G trucks owned by the Defendant, by means of loading them onto the victim.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. The defendant A's partial statement in each prosecutor's interrogation protocol on the defendants' partial statement

1. Determination as to the assertion of the CD Defendant A and his/her defense counsel on the report on the occurrence of the crime (thief) investigation report (verification of CCTV images at the place where the occurrence occurred), investigation report (specific vehicle of the suspect), investigation report on the vehicle, investigation report on the

1. The summary of the assertion was that Defendant A set up a truck owned by Defendant A on the side of the D factory on the day of the instant case, and then left the front of the D factory.

Defendant

A, as seen above, between the front end of the D factory, the Defendant B separated four wheelchairs from the cargo wheels owned by the victim, and carried them on the truck owned by the Defendant A, and the Defendant A was merely driving the truck owned by the Defendant A at the above site without knowing the above facts. Thus, the Defendant did not take part in the larceny crime.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it is sufficient that Defendant A separated four wheelchairs covers attached to the victim’s wheels in front of the D factory, and that they were stolen by carrying them on the truck owned by Defendant A.

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