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(영문) 서울서부지방법원 2016.04.07 2016노28

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the Prosecutor as to the gist of the grounds for appeal, the lower court acquitted each of the special larceny charges of this case on the ground that the Defendant, together with I, could sufficiently recognize the fact that the Defendant committed each of the larceny crimes, as described in the facts charged.

2. In a criminal trial, the burden of proving the facts constituting the crime prosecuted in the criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence with probative value sufficient for the judge to have the truth that the facts charged are true enough to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's benefit as the defendant even if there is a doubt as to the defendant (see Supreme Court Decision 2010Do9633, Nov. 11, 2010). In light of the following: (a) the instant case is examined; (b) the CCTV images of each CCTV which can be verified by the evidence submitted by the prosecutor; (c) the situation at the time when the police officers arrest the I; and (d) the detection of the tools of larceny in the between the vehicles operated by the I. In light of the following,

However, the CCTV in the vicinity of the theft damage scene is taken with the defendant and I. However, the contents of each of the above crimes are merely affixed with the defendant and I, and there are no direct pages related to each of the above larceny crimes, such as intrusion upon each of the above crimes scene or committing a crime or having stolen goods, and the defendant denies each of the above special larceny crimes since the police consistently, and I stated that the defendant did not have committed each of the special larceny crimes of this case as the defendant in the court of the original trial. The defendant and I stated that they did not have committed each of the crimes of larceny of this case, as stated in the facts charged, regardless of the developments leading up to each of the above crimes.