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(영문) 수원지방법원 안양지원 2016.05.12 2016고단46

절도

Text

The defendant shall be innocent.

Reasons

1. The Defendant, from around 18:00 on September 28, 201 to around 15:00 on October 10, 201 of the same year, invaded into the D 206 construction site located in the Gu-gu Seoul Metropolitan City during the time between the 15:00 on October 15, 201, and stolen 13M and 15 accessories in the market price, which is the victim E-owned by the victim E, connected to the corridor.

A. The burden of proof for the criminal facts prosecuted in a criminal trial is that the prosecutor bears the burden of proof, and the conviction of guilt is based on the evidence of probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interest of the defendant (see, e.g., Supreme Court Decision 2013Do10316, Jan. 16, 2014). (b) The evidence submitted by the prosecutor submitted by the prosecutor is presumed to be the escape of the criminal of this case (i.e.,, the place where the crime of this case is presumed to be the escape of the criminal of this case).

In addition, according to this, the defendant's statement to the effect that he did not have any space near the place where the above cigarette butts were discovered is false, since he did not leave the place after the crime scene.

In addition, the defendant was punished as a thief under similar veterinary laws, and the defendant died of a friendly relative who was not killed by an investigative agency.

The defendant made a false statement to the extent that he or she made a false statement to the extent that he or she made a false statement, such as making a false statement about the reason why he or she started home. In light of such attitude of the defendant's statement or past records, there is doubt that the defendant is not guilty of committing the crime of this case.

However, the first cigarette butts discovered by the same DNA as the defendant's DNA are located at the scene of the crime.