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(영문) 울산지방법원 2016.06.09 2015고단2952

특수절도등

Text

The Defendants publish the summary of the judgment against the Defendants not guilty.

Reasons

1. Summary of the facts charged

A. From around 06:01 to around 06:10 on July 10, 2015, Defendant A took a theft of approximately 20 mastrus, which are loaded at the E-high speed of approximately 7 million in the market value of the victim cable (owner) holding at the construction site located at the same place, located at the construction site at a high speed between Ulsan-gun, Ulsan-gun, Ulsan-gun, and U.S. P., for the purpose of construction and approximately 5,00 mphers, which are divided into approximately 20 marries, for which the Defendant loaded a part of about 20 marrus.

B. The Defendants, at around 07:30 on the same day, carried the “mastruous fluor for construction remaining after the theft as above, including V and widths,” in the above place, divided into the above highest typ car and Defendant B’s fast-down car.

As a result, the defendants stolen the victim's property together.

2. Determination

A. The key issues in the instant charges are as follows: (a) inasmuch as the Defendants stolen part of approximately 20 Mabru powder, which divided about 5,000 V and widths for construction; (b) whether the Defendants committed a theft of the said Mbruos (as a result of the record, the above Mbruos means that the 80 km prior to the date and time when the facts charged were recorded in the facts charged were recorded in ricepos) is the key issue of the instant case (i.e., the evidence adopted by the court, based on the evidence adopted and examined by the court, it seems that the Defendants offered a V and width, etc. located far from the on-site floor at the time when the facts charged were recorded in the facts charged, not included in the facts charged, but directly affected the Defendants’ defense right, and thus it cannot be acknowledged without

B. (1) In a criminal trial, the recognition of a criminal fact ought to be based on strict evidence with probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, the defendant is a person who has committed the crime.