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(영문) 대전지방법원 2017.11.21 2017고정431

절도

Text

The defendant shall be innocent.

Reasons

1. On November 22, 2016, the Defendant, at around 13:07, stolen the following methods: (a) as if the market price was displayed on the side of the tea shop in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) as if examining the diverse rates of KRW 32,500 in the market price; and (c) as a means of citing it.

2. Determination

A. Since unlawful acquisition intent belongs to the internal intent of the defendant, if the defendant denies it, the facts constituting such subjective element are bound to be proven by the method of proving indirect facts or circumstantial facts having substantial relevance in light of the nature of things. In such a case, what constitutes indirect facts having considerable relevance should be determined by the method of reasonably determining the link of facts based on the close observation or analysis power based on normal empirical rule (see Supreme Court Decisions 2005Do8645, Feb. 23, 2006; 2002Do6103, Jan. 24, 2003; 2003Do3516, Oct. 10, 203; 2003Do3516, Oct. 9, 2003). Meanwhile, the prosecutor’s burden of proving criminal facts prosecuted in a criminal trial is established, and even if there is no reasonable doubt that the defendant is true, there is no evidence that there is no room for conviction between the defendant and the court below to determine the probative value of facts.

1) On November 16, 2016, D (hereinafter “the instant coffee”).

2) At the coffee point calculation stand of this case, several tickets have been displayed with "for display" or "for display/sale" Stickers, and on the right upper corner of the display stand, "for sale use: 32,500 ploss are not exchanged.

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