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(영문) 서울남부지방법원 2013.09.26 2013노1002
무고등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's appeal is consistent with the victim F, the most essential part of the instant case, and the statement that F, while denying the fact that F, he brought the F to confirm F, it is difficult to obtain it, and that G, made a statement to the effect that F, in order to confirm F, took handbags in order to recognize the Defendant's age, it is hard to obtain it, and that G, made a statement to the effect that F, it was sufficiently recognized that the Defendant stolen KRW 50,000 from F's handbag, which is the most essential part of the instant case. In light of the above, the court below erred by misapprehending legal principles and misapprehending legal principles.

2. Determination on the grounds for appeal

A. As evidence consistent with this part of the facts charged, F is a photographic photograph taken by the CCTV images with a cellular phone and a statement at the lower court and the lower court and the lower court before remanding.

First, according to the above photographic image, it is recognized that the fact that the defendant gets off from the open space between the body of the computer and the gate while the defendant was sloping to the chill.

However, according to the results of the analysis and appraisal commissioned by the Supreme Prosecutors' Office to the Scientific Investigation Office of the Supreme Prosecutors' Office on the above photographs, even if it is recognized that the defendant brought about a material is Handbag, and that the defendant brought about a F's handbag, it is insufficient to recognize that the defendant stolen 50,000 won in the handbag solely on such facts.

Next, according to the F’s statement, the record reveals that F was closed from the PC bank, and the PC was scambly scambling, and that the Defendant scam to the toilet while scam scambling off, and the Defendant scam to the toilet while scambling it.

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