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(영문) 광주지방법원 2015.08.13 2015고단1408

상습절도

Text

The defendant shall be innocent.

Reasons

1. On December 17, 2014, between 03:00 and 04:00 on the same day, the Defendant: (a) opened and opened a door of the Erocketing car owned by the injured party D, which was parked in the 102 parking lots of the 102 Yong-gun Seoul metropolitan apartment complex from around 03:00 on December 17, 2014; (b) carried 660,000 won in cash.

Accordingly, the defendant habitually stolen the property owned by the victim.

2. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to the prosecutor’s conviction, it is doubtful that the Defendant’s assertion or defense is inconsistent or unreasonable.

Even if the interests of the defendant should be judged as the interests of the defendant

(2) On June 26, 2014, the following circumstances acknowledged by each evidence duly adopted and investigated by this court (see, e.g., Supreme Court Decision 2013Do9866, Jun. 26, 2014). < Amended by Presidential Decree No. 2560, Dec. 16, 2014; Presidential Decree No. 25148, Dec. 17, 2014; Presidential Decree No. 2506, Dec. 26, 2014; Presidential Decree No. 2560, Dec. 26, 2014; Presidential Decree No. 25174, Jul. 26, 2014; Presidential Decree No. 25174, Jul. 24, 2014; Presidential Decree No. 25175, Feb. 26, 2014>