특정범죄가중처벌등에관한법률위반(절도)
Defendants are not guilty.
1. The Defendants of the factory laboratory planned to enter an abandoned house at a low time to steals goods, and purchased a car to use for the crime on February 2013 to purchase a car to commit the crime and carry the following crimes with the criminal tools, such as electricity, rejection (defluence), date dler, bail screen, lock, Make, etc., onto the vehicle, and return to the Seoul Special Metropolitan Group, and habitually committed the following crimes.
1. On March 28, 2013, around 11:30 on March 28, 2013, the Defendants jointly carried out and removed the key of the entrance door from the rejection prepared in advance by using the gaps in which the house is unfolded, thereby destroying the key of the entrance door and breaking the 18K gold brub owned by the victim, which was on the table table, and stolen the 18K gold brub (a market price equivalent to one million won).
2. On April 1, 2013, around 12:30 on April 1, 2013, the Defendants jointly carried out and removed from the victim’s International Loan 301, Seocho-gu Seoul Seocho-gu, Seoul, and opened the entrance door and opened the entrance door in the same way as that of the preceding paragraph by using the crebs in which the house is unfated, and cut off 18K gold bars owned by the victim and 18K gold bars (a total of 500,000 won).
2. Determination:
A. (1) The criminal defendant is presumed innocent until a judgment of conviction becomes final and conclusive (Article 27(4)(2) of the Constitution). (2) The burden of proof for the criminal facts prosecuted in a criminal trial is to be the prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true that the facts charged are true to the extent that there is no reasonable doubt, so if there is no such evidence, the suspicion of guilt is against the criminal defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B)
(1) Judgment on the evidence is affirmed in this case.