(영문) 대전지방법원 2018.06.28 2017고정1678

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.06.28 2017고정1678

절도

Text

The defendant shall be innocent.

Reasons

1. On August 13, 2017, the Defendant, at around 01:05, stolen Samsung Gallon-ju (7 mobile phones) with “E” located in Daejeon Pungdong-gu, Daejeon, by taking advantage of the gap in the victim F’s lux where the victim F drinks in order to smoke tobacco. In order to smoke, the Defendant used the gap in the lux in which the victim F drinks in a lux, thereby cutting off the victim’s market value on the table, which is equivalent to KRW 500,000,000,000, in which the victim

2. Determination

A. While under the influence of alcohol, the defendant and his defense counsel are aware of his own mobile phone and bring about the mobile phone owned by the victim, and there was no intention of larceny and illegal acquisition.

The argument is asserted.

B. In a criminal trial, the finding of guilt must be based on evidence of probative value, which makes it possible for a judge to have the conviction that the facts charged are true beyond a reasonable doubt.

Therefore, if there is no such evidence, there is a doubt that the defendant is guilty.

The interest of the defendant is to be determined by the interests of the defendant.

(c)

According to the evidence duly admitted and investigated by the court, the following circumstances are acknowledged concerning the circumstances before and after the occurrence of the larceny incident of this case and the details of the Defendant’s return of the victim’s home care.

(d)

(1) According to the circumstances acknowledged as follows: (a) The Defendant, who was drunk, arrived at a restaurant along with G, and went out of the restaurant to smoke, brought the victim’s mobile phone, which was natural park, and opened on his/her table. In the process, the Defendant appears not to have expressed that the Defendant, while going through a restaurant, was also the victim’s cell phone in addition to his/her mobile phone, was able to perceive the starting line of the people in the surrounding area or to conceal his/her wrong behavior; and (b) G accompanied with the Defendant does not appear to have pointed out the error of the Defendant’s act.

(2) The defendant.

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