(영문) 서울중앙지방법원 2013.05.03 2013노844

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(영문) 서울중앙지방법원 2013.05.03 2013노844

특수절도

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The court below found the defendant guilty of the facts charged of this case even though the defendant did not have stolen money, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. The facts charged and the judgment of the court below found that the facts charged of this case revealed that "the defendant and A, without any particular occupation, are able to steals money and valuables from the persons who are drunk in the subway station, etc., and around 00:20 on September 7, 2012, at the third floor of the subway No. 1, Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, the third floor of the subway No. 618-496, the 1st floor of the subway No. 618-496, the 2nd floor of the subway No. 618-496, the 3nd floor of the large-scale area, and the 3nd,83,100 won in cash from the victims' money, and the 3nd,83,100 won in cash from the victims' money were stolen, and the court below convicted the defendant and sentenced the defendant to return seized articles.

B. In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court, it is difficult to believe that A’s statement that corresponds to the facts charged in the instant case is difficult, and the remaining evidence submitted by the Prosecutor, including the testimony at the lower court, is insufficient to recognize the facts charged.

Therefore, since the judgment of the court below is erroneous in the misapprehension of facts and affected the conclusion of the judgment, the defendant's assertion is justified.

1) There was no direct evidence as to the facts charged in the instant case, including witness, and there was no report on larceny damage in the Yeongdeungpo Station at the time of the instant crime. 2) The cash seized by the Defendant was composed of KRW 26, KRW 237, KRW 29, KRW 68, KRW 68, KRW 1,000, KRW 100, KRW 100,000, KRW 29, KRW 68, KRW 1000, KRW 100, KRW 100, and KRW 100, KRW 200, KRW 200.

3. The defendant shall be the general public.

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