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(영문) 창원지방법원 2015.06.16 2015고합79
준강도미수
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On November 24, 201, the Defendant, at the Changwon District Court, sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on October 11, 2014.

On March 25, 2015, at around 12:25, the Defendant discovered DNA cargo vehicles in which electric wires are loaded, parked off the cargo vehicle above the cargo vehicle, and then cut off to the victim E (the 67 years old) and F (the 1500,000 won in length, 100,000 won in the market price of the Korea Electric Power Corporation owned by the Defendant.

The Defendant saw the victim E's face attached to the victim E in one time and lest the victim E will escape from escape. The Defendant saw the victim E as a hand.

As a result, the Defendant attempted to steal the goods of the Korea Electric Power Corporation, and committed assault to the victim E for the purpose of evading the arrest of the victim E.

2. Although the Defendant and the defense counsel parked their saves onto cargo vehicles, there was no attempt to steals electric wires owned by the Korea Electric Power Corporation, and there was no assaulting E in the process.

3. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the conviction should be based on strict evidence with probative value sufficient to have a judge conviction that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(see, e.g., Supreme Court Decision 2013Do10316, Jan. 16, 2014). (B)

A cable owned by the Defendant of Korea Electric Power Corporation.

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