(영문) 대구지방법원 2017.12.21 2017노1916 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2017.12.21 2017노1916

특수절도

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The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the grounds for appeal does not have any fact of committing the instant special larceny, and there is no evidence supporting the instant facts charged to the extent that there is no reasonable doubt.

Nevertheless, the court below found the defendant guilty of the facts charged of this case and erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. From April 15, 2015 to 23:00 on April 15, 2015, the Defendant: (a) destroyed and damaged the knife of each of the doors of container D Co., Ltd. for the victim Co., Ltd. at the site of the new construction of an apartment building in Daegu-gun District; and (b) invaded into the inner entrance, and stolen the instant facts charged with one light destruction of the sum of KRW 7.85,00,00 in the market price owned by the victim, the sum of which is KRW 7.855,00,000.

At the above construction site, the defendant continued to remove and destroy the knobs of the victim E-containers of the victim limited partnership E-containers, and intrudes into the knobs, and has 4,100,000,000 won of the market value of the victim's possession, which is the victim's possession, and has stolen them.

3. The lower court rejected the Defendant and defense counsel’s assertion that there was no crime of special larceny of this case by comprehensively taking account of the evidence as indicated in the judgment, such as CCTV image appraisal report by the traffic accident appraiser, and found the Defendant guilty of the charges.

4. Determination on whether a deliberation was made

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge not having any reasonable doubt that the facts charged are true, so long as there is no such evidence, even if there is no such evidence, it is inevitable to determine the defendant as the benefit of the defendant (see Supreme Court Decision 2009Do6737, Sept. 24, 2009, etc.).

유사 판례

-대구지방법원 서부지원 2017.04.21 2015고단1524

-청주지방법원 2016.04.05 2016고단194

-창원지방법원 통영지원 2017.04.13 2017고단106

-서울동부지방법원 2016.05.19 2016고단653

-춘천지방법원 원주지원 2018.06.27 2018고단26