beta
Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On October 22, 2013, the Defendant: (a) on October 22, 2013, around 21:00, 30 table tables in Daejeon-dong, Daejeon-gu, Daejeon-gu; (b) in order for the victim E to dance, the Defendant stolen a smartphone with a market value of KRW 1,000,000,000, the market price of which is 2.50,000,000,000, in cash.
2. In light of the conclusion of the judgment, the burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, it is doubtful that the defendant is guilty even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2002Do5662 Decided December 24, 2002, etc.). Along with the fact that the instant case was brought about by the Health Team and the Defendant consistently from the investigative agency to the instant court, the Defendant denied the crime, and thus, the following is examined.
First, each investigation report of the defendant's subordinate consent is not recognized, or the contents of telephone communications with the person making the original statement are recorded, so it cannot be used as evidence.
In addition, if the result of the examination of the false statement detection devices conducted by the prosecution against the accused is to be admitted as evidence having factual relevance to the result of the examination of the false statement detection devices, first, if the false statement is made, there is a change in a certain psychological condition, second, the change in the psychological condition is caused by a certain physiological reaction, third, it is necessary to meet the three conditions that the statement of the accused can be determined accurately by the physiological reaction, and in particular, the last physiological reaction is required.