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(영문) 인천지방법원 2020.02.13 2019노2393

특수절도

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (the mistake or misapprehension of the legal principle) did not steal the victim’s property by destroying or damaging a part of the structure at night as stated in the facts charged of the instant case and intrusion upon it.

2. Determination

A. The summary of the facts charged in the instant case was around 00:02 on September 22, 2018, the Defendant opened a panty panty in an amount equivalent to 45,000 won in total of the market price of the possession of the victim who was suffering from a dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Ha.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure at night.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of each of the evidence in its judgment.

C. 1) In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s certification did not reach the degree to have the aforementioned conviction, even if there were suspicions of guilt, such as contradictory to the defendant’s assertion or defense, or unfluence, it should be determined as the benefit of the defendant (see, e.g., Supreme Court Decision 2015Do119, May 14, 2015). 2) Comprehensively taking into account the evidence duly adopted and examined by the court below, the victim appears to have been only a person who was able to take out of the country due to odor, and the sound continued to take place after the date of the occurrence of the instant case, the victim was in front of the window, sound, her escape, her escape, and her escape, she was removed from the police room, and she did not open the CCTV to 201.”