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(영문) 서울서부지방법원 2016.12.08 2016고단866
특수절도
Text

Defendants are not guilty. The summary of this judgment is to be disclosed to the Defendants.

Reasons

1. The summary of the facts charged of the instant case around 06:20 on March 6, 2016, the Defendants: (a) opened the victim F in the “E” main store located in Mapo-gu Seoul Metropolitan Government D (hereinafter “instant main store”); (b) conspired to bring the wall to bring the wall on the part of the victim F; (c) Defendant A collected the wall, and (d) moved to the Defendant B, and Defendant B put the wall out of the main store.

As a result, the Defendants, together, stolen the following: (a) the cash 7,000 won owned by the victim F; (b) one resident registration certificate; and (c) one driver’s license.

2. The burden of proof of the facts charged in a criminal trial for a judgment shall be borne by the prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, so long as there is no such evidence, the suspicion of guilt is doubtful even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

The Defendants consistently discovered the victim’s wallets from the investigative officer to the date indicated in the facts charged, and cited them at the place indicated in the facts charged. However, the Defendants asserted to the effect that there was no intent of unlawful acquisition, on the ground that the Defendants did not steal the wallets, with the knowledge that the group would lose its identity, even though they knew that it would have been lost.

In light of the following circumstances that can be grasped by the records of this case, even though the Defendants did not actively confirm at the site to find the master at the time of finding the instant branch box, and even after leaving the main points, there are some doubtful circumstances or actions, such as having not brought the master box immediately after the Defendants discovered the instant branch box, the Defendants comprehensively consider such facts and each of the evidence submitted by the Prosecutor.

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