(영문) 광주지방법원 2016.06.02 2016노733 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2016.06.02 2016노733

상습절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit the larceny under Articles 1 and 2 of the facts constituting the crime in the judgment of the court below, the court below which found the Defendant guilty as to this, erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. (1) The degree of formation of a conviction in a criminal trial as to the criminal facts No. 1 as stated in the judgment of the court below should be such that there is no reasonable doubt, but to the extent of excluding all possible doubts, and rejection by causing a suspicion with no reasonable grounds to believe that the evidence has probative value is beyond the bounds of the principle of free evaluation of evidence.

The term “reasonable doubt” refers to the doubt that is reasonable for the probability of a fact that cannot be matched with the facts required based on logical and empirical rules, rather than all questions and correspondences, and such doubt based on conceptual or abstract possibility cannot be deemed to be included in a reasonable doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 201, etc.). According to the reasoning of the lower court, the following facts are acknowledged: (a) part of the statement in the interrogation protocol of the prosecution against the Defendant lawfully adopted and investigated by the lower court in the interrogation protocol of the suspect; (b) the statement in the police statement in C; (c) the statement in the police statement prepared by the police officer; (d) the statement in the internal investigation report prepared by the judicial police officer (the cell line tracking and CCTV investigation of the suspect; and (e) the detection of the damage inflicted on the thief at the N market on October 4, 15); and (d) the statement in the copy of NcCv image prepared by the judicial police officer (hereinafter.

(1) A victim C shall be placed in the N market located in Gwangju Northern-gu P on October 4, 2015 in cash, around 10:50, 130.

참조판례

-대법원 2011. 1. 27. 선고 2010도12728 판결

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