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(영문) 대전지방법원 2018.09.28 2017고정1475
절도
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the Defendant takes 250,000 won in cash, which was in his/her inner state, at the house of the victim D (74 tax) located in Daejeon-gu Daejeon District B Housing Co., Ltd on June 23, 2017, using the gap where the victim's attention was neglected, in which he/she took care of the victim's attention.

In other words, they stolen them.

However, the Defendant asserts to the effect that “the victim did not steals money from the victim by receiving telephone calls from the victim and finding him/her at the victim’s house.”

In light of the fact that the victim was hiding money at the toilet site, the victim failed to consistently state the circumstances leading up to hiding money, and the victim suffered dementia, there is a question whether the defendant is not a theft of money against the victim's will.

However, during the arrest report of the stolen suspect in D preparation, the part concerning the statement of the defendant is inadmissible as the defendant does not admit its contents, and the part concerning the witness D's testimony that the defendant allowed to commit a crime, and the part concerning the victim's talks that "no money has been paid" is inadmissible as it is difficult to recognize that the statement was made under particularly reliable circumstances. In light of the following circumstances acknowledged through the evidence duly adopted and investigated by the prosecutor in this court, evidence alone submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt that the defendant stolen money against the victim's will.

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

According to CCTV images, the Defendant entered the house through the open door, and there was approximately 2-3 minutes of the victim's internal bank.

After that, the defendant and the victim of the first race coming from the inside of the ward and the victim. After about 10 minutes, the defendant and the victim shall open the front door until the police officer opens and enters the front door.

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