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(영문) 수원지방법원 2016.10.19 2016노2783
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the defendant stolen the victim's wall by breaking the bus.

2. The lower court determined that the Defendant was not guilty on the grounds as indicated in its reasoning, on the grounds as indicated in its reasoning, since it is difficult to recognize that the Defendant, based on the evidence submitted by the prosecutor, committed a theft by putting the G on a bus.

Examining the reasoning of the lower judgment’s acquittal and the evidence of this case closely, it is unclear whether G was seated in the bus, and there is no direct evidence to acknowledge the Defendant’s failure to prove the fact that the Defendant was seated behind his own seat, and there is no direct evidence to prove the fact that the Defendant was seated by G, so it is insufficient to recognize that the Defendant was thefted solely by the testimony of the lower court by the witness G and investigation agency or by the evidence submitted by the prosecutor, such as CCTV video tape recording in F bus, etc., on the bus, and there is no other evidence to prove otherwise.

Therefore, the lower court was justifiable to have determined that the facts charged in this case were acquitted.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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