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(영문) 부산지방법원 동부지원 2016.06.10 2016고정291
절도
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant, in the marine transportation Daegu C, engaged in water business in the name of “D”. On November 25, 2015, the Defendant: (a) committed a theft of three obbbbs, which, upon request of the victim F, engaged in e-mail transportation in the marine transportation Daegu E-Gra on the three parking lots of 16:00 on November 25, 2015; (b) committed a theft of three obs, which, in the parking lot, had been temporarily stored in the said e-mail 307.

2. Defendant’s assertion and judgment

A. The Defendant asserted that he had obtained the consent of H as the director of the board of directors, and he only carried a box containing an article containing the article, so there was no intention of theft.

B. (1) In a criminal trial, the burden of proof for the facts constituting the crime prosecuted is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value sufficient to conclude that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it as the defendant's interest (Supreme Court Decision 2002Do5662 Decided December 24, 2002). (2) According to the evidence duly adopted and examined by this court, H resided in Busan Shipping Daegu 3 Dong 307 and 307 around November 25, 2015, while H was able to dispose of part of the articles that he would be removed from the board of directors, and she was ordered to dispose of the articles that he would have been used for adjoining news business operators, H at the time of her disposal of the articles that he would have been 10,000,000,0000).

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