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(영문) 서울북부지방법원 2017.11.17 2017고정149
절도
Text

The defendant shall be innocent.

Reasons

1. On January 14, 2016, the Defendant: (a) stolen the instant facts charged with a 5 smartphone, one of the 1,000,000 won in the market price set up on the side of the instant devices, located on the part of the victim C (n, 29 years old) within the 301-9 corporate bank AETM equipment room (hereinafter “instant subsidiary”); (b) Seopo-si, Seopo-si, 301-9, 301.

2. Determination

A. The core evidence of the facts charged in the instant case is CCTV images installed in the Annex, and the following facts are acknowledged according to CCTV images.

1) On the day of the instant case, the victim entered around 15:47, and opened smartphones on the left part of the ATM device, and left the body with smartphones as they are. At the time, the victim’s smartphones were in the state of having chroned 5 mobilephones and covered with chrons.

2) Neither male entered the instant ice around 17:11, and found the Victim’s smartphones, opened a cover to verify the Victim’s smartphones, and then left the original place.

3) Meanwhile, in order to find smartphones around 18:29, the victim re-entered into the instant father and set up a side of the ATM device, but did not find smartphones.

4) Since then, the Defendant entered the instant father-gu, around 20:15, and confirmed that the Defendant, along with the instant father-gu D, carried the hands of the bank business into the left part of the ATM instrument by putting it out into the hands of the ATM instrument. After diving, the Defendant carried out an act to re-in the ATM instrument into the left part of the ATM instrument and went out.

5) From the time when the victim first entered the body, there is only two men and Defendant 2 in any male and Defendant 2 in paragraph (2) of the foregoing, who have come to the left side of the ATM apparatus from among the persons entering the body until the Defendant left the body.

B. 1) The prosecutor bears the burden of proving the facts charged in a criminal trial.

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