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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2018.12.20 2018노1189
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is without prejudice against the defendant with the victim's wallet.

2. Judgment on the grounds for appeal

A. In a criminal trial, the conviction should be based on evidence with probative value sufficient to lead a judge to a reasonable doubt that the facts charged are true, and if there is no evidence to form such a conviction, the interest of the defendant should be determined even if there is any doubt about the defendant's conviction. However, such conviction should not be necessarily formed by direct evidence, but it is formed by indirect evidence unless it violates the rules of experience and logic. Even if indirect evidence does not have full probative value as to the facts of crime individually, if it is deemed that a comprehensive probative value exists as to the whole evidence, even if it is considered comprehensively under mutual relation, if the indirect evidence does not have full probative value as to the facts of crime, it can be recognized (see Supreme Court Decision 2005Do2318, Jun. 24, 2005).

The decision was determined.

In light of the above legal principles, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below in addition to the circumstances stated by the court below, the above judgment of the court below is justified.

① The Defendant was found on the wall inside the wall of the I hospital, and was found on CCTV images (Evidence No. 13 of the evidence list No. 13, which were stored in the “videos where the Defendant discarded the wall”).

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