logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2013.09.27 2012고정954
절도
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 1, 2010 between the first order and October, 2010, the Defendant stolen one video projector at the D office located in Daegu-gu Dong-gu, Daegu-gu, with a seal of 770,000 won at the victim E’s market value.

Summary of Evidence

1. Partial statement of witness F in the third protocol of the trial;

1. The entry of some of witness G in the fifth trial records;

1. Partial statement of witness E in the sixth trial records;

1. Application of the Acts and subordinate statutes on witness H’s legal statement;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The part not guilty under Articles 186(1) and 191(1) of the Criminal Procedure Act

1. The summary of the facts charged was stolen by three air conditioners (one wall air conditioners, two air conditioners, and two air conditioners) equivalent to KRW 1,00,000 at the market price owned by the same victim in the same manner and at the same time and place as stated in the facts charged in the judgment of the Defendant.

2. The Defendant is aware that the Defendant received one million won from H on May 24, 2010, and that G was charged one million won, which was remitted to the Defendant under the name of H on March 30, 2010, and that it was an office rent, and that the Defendant was still aware of the ownership of the Defendant.

Therefore, reasonable doubt is raised as to the facts charged. If we look at these circumstances, the witness E's statement in the sixth protocol of the trial, the witness G's statement in the fifth protocol of the trial, the witness H's legal statement in the witness H, the statement in the police statement in the E and G and H, and the statement in the police protocol in the police and the prosecutor's protocol of interrogation of the suspect against the defendant are insufficient to recognize the facts charged. There is no other proof

If so, the facts charged constitute a case where there is no proof of crime, according to the latter part of Article 325.

arrow