(영문) 부산지방법원 2016.07.20 2015고단5236

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(영문) 부산지방법원 2016.07.20 2015고단5236

절도

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The defendant is innocent. The summary of the judgment of innocence shall be published.

Reasons

1. On May 5, 2015, the Defendant: (a) around KRW 5-60,000 won in cash from a wall located in the victim’s bank located in Busan East-gu, Busan-dong; and (b) around KRW 5-60,000 in cash from a wall that was located in the victim’s bank located in the wall of the victim’s bank located in the wall.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined even if there is a doubt as to the defendant's guilt (see Supreme Court Decision 2002Do6110, Feb. 11, 2003, etc.). B. In light of the following circumstances and facts acknowledged by the record, the evidence submitted by the public prosecutor alone is insufficient to acknowledge that the defendant stolen approximately KRW 5-60,00 won in cash on the wall of the victim, and there is no other evidence to prove otherwise.

① In this Court, the victim stated that “The Defendant was married to the instant room, and the victim had no money to confirm the wall, and the Defendant appeared to bring money into money, so the victim is doubtful of the Defendant as a larceny.”

However, the instant site is not an erosion-free room, but an area where a table is set up on the part of the mouth corner of a restaurant and anyone can enter without restriction (in the investigation record 38,39 on-site photographs). Thus, it cannot be ruled out the possibility that the third person, other than the Defendant, who gets off the place where the victim gets off tobacco, collects money from the wall where the victim was in the bank of the victim, and the third person, other than the Defendant, took off money from the wall where the victim was in the bank of the victim.

Defendant was also the victim’s abscoper

and the victim is also entitled to receive tobacco in this Court.

참조판례

-대법원 2003. 2. 11. 선고 2002도6110 판결

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