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(영문) 울산지방법원 2017.08.22 2016고단74 (1)
절도
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. On December 4, 2015, the Defendant: (a) committed a theft by putting the victim E on the front of the “D” restaurant located in Ulsan-gu, Ulsan-gu; (b) while carrying out the Victim E’s interior works; and (c) committing a theft by putting it off in front of the “D” restaurant located in Ulsan-gu, Ulsan-gu; (d) the market price of which is equivalent to KRW 1 million; and (d) documents related to Nowon-do and construction works, etc.

2. The Defendant asserts that the instant bags were likely to be destroyed on the road, and that they were moved to the stairs next to the Party Smarket, and that there was no theft.

The police investigation protocol against the defendant denies the content of the defendant, so it cannot be used as evidence, and there is no evidence to regard the suspect of CCTV photographs as the defendant, and among each investigation report, the statement to the effect that the defendant committed a crime is deemed to have denied the crime in this court, and that the defendant stated in the state where he was under the influence of alcohol at the time without his memory, it is insufficient to recognize the facts charged, and there is no other evidence.

2. Accordingly, the facts charged in the instant case do not have proof of facts constituting a crime, and thus, the court rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act and publicly notified the summary of the judgment of innocence pursuant to Article 58(1) of the Criminal Act

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