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(영문) 부산지방법원 2017.05.26 2016고합590

준특수강도미수등

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The charge of special larceny among the charges of this case

A. The summary of the facts charged is as follows: (a) the Defendant, along with D, tried to steals Handphones of athletes walking along the way by means of “retailing” with D; (b) the Defendant took charge of the victim’s physical coloring and viewing the network; and (c) D, around March 2, 2016, at the entrance of “F Dental” located in the Geum-gu, Busan; (d) discovered the victim’s G at the entrance of “F Dental” located in the Geum-gu, Busan; and (e) discovered the victim’s mobile phone in the outer slot machine; and (e) the Defendant sent the victim a snow signal to D while going through the victim, and (e) reported the surrounding network, D, after the victim’s personal injury, put the victim into the external slot machine of the victim in accordance with the Defendant’s personal injury, with approximately KRW 700,000,000 won of the market price of the victim’s cell phone owned by the victim.

In other words, they stolen them.

Accordingly, the defendant stolen the victim's property together with D.

B. The summary of the Defendant’s assertion did not restrain the Defendant from committing a crime as stated in the facts charged, and only passed the place of the crime at the time of the instant case.

(c)

Judgment

1) The establishment of facts constituting an offense ought to be based on strict evidence with probative value, which leads a judge to confluence to the extent that there is no reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such convictions may lead to such convictions, the determination should be made on the part of the defendant’s interest even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). 2) As evidence consistent with this part of the facts charged, a request for cooperation in an investigation is made (ctV perusal, etc.), a report on investigation (related to the process of the suspect’s movement at the time of committing the offense on March 2, 201), a report on investigation (related to the CctV analysis), and a report on investigation (c

However, records.