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(영문) 서울중앙지방법원 2020.01.08 2019고정1767
절도
Text

The defendant shall be innocent.

Reasons

1. On May 7, 2019, around 20:33, the Defendant: (a) laid down a crepan of surveillance in the vicinity of “C” located in Gangnam-gu Seoul, Seoul; (b) the Defendant: (c) laid down a crepan of the market price of KRW 120,000,000 owned by the victim D (the age of 62,00,000; (d) one alpha cream, the market price of which is unknown; and (e) five washes without any knowledge; and (e) one galet, the market price of which is unknown.

2. Determination

A. The defendant and his defense counsel asserted that the defendant did not have the intention of larceny because he had been aware of the temporary purchase of goods at the time.

B. The following facts acknowledged by the evidence duly adopted and investigated by this court are as follows: (a) it is reasonable to view that the defendant sent a cell phone call to the victim who was on the display stand and did not have any evidence to view that the defendant engaged in any act such as investigating the surrounding area or confirming the contents thereof by putting the victim on the display stand; (b) the defendant visited him/her with his/her spouse and children at the time when he/she visited him/her to purchase sirens; (c) he/she purchased sirens equivalent to KRW 200,000 and paid it by his/her credit card; (d) the defendant did not have any special motive or reason to prevent the thief from committing the thief at a place where he/she visited his/her family members; and (e) if he/she intentionally brought about the thief's escape, he/she did not make payment by using a credit card that can immediately be confirmed by the victim's identity; and (e) there is no possibility that the defendant could have known the contents of the thief after the victim'stro and his/herself.

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