(영문) 인천지방법원 2015.06.18 2015노1400 | 리걸엔진

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(영문) 인천지방법원 2015.06.18 2015노1400

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the court below found the facts charged of this case due to the statements of the victim D and witness F, there was an error of misconception of the facts that the court below found the defendant not guilty on the ground that there was no evidence supporting the facts charged of this case.

2. On May 2012, the Defendant: (a) at the site of the construction of a new elderly hospital located in Chungcheongnam-si, Chungcheongnam-si; (b) at the site of the construction of a new elderly hospital located in Chungcheongnam-gu, Chungcheongnam-si; (c) at the Nadong line (95S Q); (d) KRW 10,000,000, such as the purchase-type electric stay room 70,000, and the purchase-type electric stay room (hereinafter “instant container”) owned by the E, the Defendant stolen the Defendant by using a stick with one container stuff, which is equivalent to KRW 2,300,000,000 in the market value.

3. Determination

A. The lower court rendered a judgment on the facts charged of this case not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, on the ground that the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court are difficult to deem that the Defendant committed the theft of the instant container to the extent that there is no reasonable doubt as to the facts charged.

1) There was no illegality of the Defendant’s act of theft as stated in the facts charged, and the Defendant took place before F at the construction site. In addition, the part of the Defendant’s statement ① and the pertinent part of the Defendant’s legal statement and ② the police statement of D with respect to the instant container is inadmissible as there is no reason to deem that the Defendant’s statement was made under particularly reliable circumstances pursuant to Article 316(1) of the Criminal Act, as the protocol stating the full statement or the full statement of D’s police statement, and it is hard to view that the Defendant’s statement was made under particularly reliable circumstances pursuant to Article 316(1) of the Criminal Act.

In addition, the defendant is at the construction site of Pyeongtaek.

참조조문

-형법 제316조 제1항

-형사소송법 제325조

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