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(영문) 수원지방법원 평택지원 2017.05.17 2016고단1791

특수절도

Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant, at around 00:30 on April 5, 2016, performed drinking together with the neighboring E and the victim F, in a “D” restaurant operated by the Defendant at Ansan-si (A) and around 00:30 on April 5, 2016, he/she was able to steal money and valuables by pretending that the victim was breading the victim at the place where he/she was under the influence of alcohol, and she was able to commit a theft of money and valuables

50,000 won of 40,000 won of 40,000 won of 50,000 won of 50,000 won of 40,000 won of 50,000 won of 20

E에게 오른쪽 바지 주머니를 가리키면서 돈을 꺼내라는 손짓과 눈짓을 하고, 피고인의 신호를 알아챈 E은 피해자를 부축하는 것처럼 가장 하여 피해자의 바지 주머니에 반쯤 삐져나와 있던

50,000 won in total, 400,000 won in his/her hand;

In this regard, this was stolen.

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

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes the 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 judged in the interest of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). (b) The defendant had no intention to keep his hand from the investigative agency to the court at the time of this case, and there was no fact that the defendant tried to keep his hand in cash, and there was no son's hand and bombation of cash from E in the f's capital, and there is no difference between E and part of the stolen cash.

It asserts that E does not have any fact requested to E.

(c)

As evidence corresponding to the facts charged in this case, E-W.