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(영문) 부산지방법원 2015.07.16 2015노236

절도

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal did not err by misapprehending the facts and thereby adversely affecting the conclusion of the judgment, although the Defendant did not have stolen the victim’s bags.

2. The summary of the facts charged in the instant case and the summary of the judgment of the court below are as follows: “The Defendant was the head of the parking management team of the E market located in Busan Jung-gu, and around April 8, 2014, around 20:30, the parking management office located in the Busan Jung-gu, Busan, discovered that the victim G, who is the parking manager, was in the parking management office of the F-gu in Busan, was able to keep his clothes from the victim’s room, while leaving the room, and that caused the theft of the above bank, which is the victim’s possession.”

The court below found the defendant guilty on the basis of the victim, the victim, each of the statements made by the investigative agency and the court of the court below, some of the police interrogation protocol of the defendant, the witness's location at the time of witness.

3. Judgment of the court below

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2005Do4737 delivered on February 24, 2006, etc.). B.

In full view of the following facts and circumstances admitted by the lower court and the first instance court based on the evidence duly admitted and examined, H’s statement, which is a valuable evidence of the facts charged of this case, is difficult to believe as it is, and the victim’s statement or the remaining evidence alone is insufficient to recognize the facts charged of this case, and there is no other evidence having probative value to the extent of excluding a reasonable doubt.