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(영문) 서울북부지방법원 2019.09.27 2019노661
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant brought the victim’s table on the table at the time of the instant case, but did not bring about KRW 100,000 in cash.

2. In light of the following facts and circumstances acknowledged by the court below based on the evidence duly admitted and examined by the court below, it is recognized that the defendant stolen cash as stated in the facts constituting the crime in the judgment below.

Defendant’s assertion is without merit. A.

According to CCTV video (Evidence No. 51) at the time of the incident, it is confirmed that the defendant's damage caused by the defendant's lag to bring the goods above the victim's table.

해당 물건이 테이블 위에 놓여있던 장면은 칸막이에 가려 보이지 않으나, 피고인이 무엇인가를 집어 드는 동작을 취한 후 검은 물체를 손에 쥔 모습이 확인되고, 그 형체나 크기 등에 비추어 이를 번데기로 보기는 어렵다.

B. In light of the method of arranging the basic proposal of the restaurant where the instant case occurred (Evidence No. 48 of the Evidence Record), it appears that the mistake contained in CCTV at the time of the instant case is located on the left-hand side of the table confirmed by CCTV.

The defendant brought goods to his inside and outside of the country.

C. The victim was unable to take the place at the time of carrying the goods, and it seems that CCTV was confirmed with the owner of the business, since the victim no more than 100,000 won in cash immediately after returning the goods.

If the defendant brings to prosperity, the victim did not take such action. D.

The defendant, immediately after gathering goods from the table of the victim, he left the restaurant immediately after gathering them, and immediately left the restaurant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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