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(영문) 서울서부지방법원 2015.05.15 2015노345

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. misunderstanding of the gist of the grounds for appeal by the defendant (the defendant, after receiving the case from the victim, returned the case immediately because the victim was called to return the case. The defendant was unaware of whether he had the gold sheet contained in the case, and there was no theft or theft of the gold sheet in the case)

2. Determination

(a) The degree of the formation of a conviction for the conviction in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require any possible doubt.

(See Supreme Court Decision 94Do1335 delivered on September 13, 1994, etc.). The term “reasonable doubt” does not include any question and faith, but refers to a reasonable doubt as to the probability of a fact that is not compatible with the facts that is based on logical and empirical rules (see Supreme Court Decision 97Do974 delivered on July 25, 1997). It is necessary to establish the basis for this sexual prosecution that is understood in relation to the fact finding that the circumstances favorable to the defendant should be based on the sexual presumption that is understood in relation to the fact finding, so a doubt based on conceptual or abstract possibility cannot be deemed as included in a rational doubt.

(See Supreme Court Decision 2004Do2221 delivered on June 25, 2004). B.

In light of the above legal principles and the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the facts charged in this case are deemed to have been proven to be beyond a reasonable doubt.

The defendant's above assertion is not accepted.

(1) The credibility of each statement made by a victim and E may be recognized as not having any motive to make a false statement discovered, nor having any motive to make it consistent, specific, and reasonable until an investigation agency and the court of original instance.

② According to the statements of the victim and E as above, E shall include the gold scrap under the bottom of the punch in the case floor.