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(영문) 부산지방법원 2014.11.28 2014고단5871
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 14:55 on November 9, 2013, the Defendant discovered that, within the “D convenience store” located in Gangseo-gu, Gangseo-gu, the victim E, around 14:48 on the same day, 350,000 won of gift certificates owned by the victim, cash 1.50,000 won, and credit cards, etc., the victim E was placed on the e-mail of the convenience store, and then stolen this.

Summary of Evidence

1. Legal statement of witness E;

1. Results of this Court’s verification of CCTV video CDs;

1. Statement to E by the police;

1. E statements;

1. Reasons for conviction of an investigation report (a description of the attachment of CCTV images inside a convenience store), investigation report (a CCTV image analysis inside a convenience store);

1. 피고인과 변호인의 주장 피고인은 편의점에서 먹을 것을 샀을 뿐 피해자의 장지갑을 보거나 절취한 사실은 없다.

2. The judgment of the defendant did not directly witness the theft of the wallets, and the victim was out of the CCTV recording range where the victim had a wall wall and had a wall wall, and thus, the CCTV video does not have a face to steals the wall wall even in CCTV video.

However, in full view of the following circumstances admitted by each evidence of the ruling, the defendant's theft of the wallet shall be recognized.

A. The victim E paid a coffee value at the convenience store, and later paid ice value, and the face value of the victim citing wallets is also confirmed by CCTV video recording.

It is clear that the victim has been holding a wall at the time.

B. In full view of the consistent statement of the victim, CCTV video recording images and the victim’s wallets and returned to convenience stores after 8 minutes and returned to the e-mail, the fact that the victim left the wall wall on the e-mail is apparent, even though the victim was on the e-mail.

C. Although the victim had several female students at the convenience store at the time of entering the convenience store, the victim is an electronic rail.

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