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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 춘천지방법원 2015.09.16 2014노604
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case, although the defendant could fully acknowledge the fact that the main body of cleaning was stolen as shown in the facts charged, and the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the aforementioned legal principles and records, the court below's determination of not guilty of this part of the facts charged is just, and there is no sufficient evidence to acknowledge that the defendant stolen the main body of cleaning, which is the damaged product of this case, in light of relevant evidence and records. The court below's determination of not guilty of this part of the facts charged of this case is without merit, since the degree of proof of the facts charged of this case reaches a high degree of probability beyond the doubt of conviction. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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