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(영문) 대구지방법원 서부지원 2019.03.13 2018고단1485
절도
Text

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

Reasons

1. The summary of the facts charged in this case is a person who is engaged in the work of transporting variables to the autopsy room in the National Institute of Scientific Investigation C branch of the National Institute of Scientific Investigation in B. From 09:49 on January 5, 2018 to 10:22 on the passage of transporting the body of the first floor of the research institute from January 5, 2018, the victim E, who was attached to the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body,

2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence of probative value, which is sufficient to lead a judge to feel true beyond a reasonable doubt, and if there is no such evidence, the conviction should be based on the benefit of the defendant even if there is a suspicion of guilt against the defendant.

According to the evidence duly adopted and examined by the court (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). According to the CCTV images taken from the body room around 09:39, Jan. 5, 2018, the body was worn with the body according to the CCTV images taken from the body room around 09:39, Jan. 5, 2018; ② according to the photographs taken from the body room around 10:22 on the same day, the body was not worn with the body; ③ the Defendant was found to have moved the body from the body room to the body body; and accordingly, the Defendant did not have any possibility to commit the crime as stated in the facts charged.

However, the possibility of being separated from the body due to external shock during the transport of the body is that the body might be separated from the body, and the possibility that the body might have been discharged from the blind spot of CCTV between the autopsy room and the autopsy room is not completely excluded.

Ultimately, the evidence presented by the prosecutor alone is insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge it.

3. According to the conclusion, the facts charged in this case constitute a case where there is no proof of crime, and Article 325 of the Criminal Procedure Act.

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