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(영문) 부산지방법원 2016.04.07 2015고정3325
절도
Text

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

Reasons

1. On February 16, 2015, the Defendant discovered a cellphone 6 of 780,000 won in the market price owned by the victim E (23,00 won) located in the DPC room located in Busan-gu, Busan-do (hereinafter “CPC room”) around 20:40 on February 16, 2015, and stolen the gap that there is no victim. 2.

A. The burden of proof for the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction should be based on evidence with probative value that leads a judge to believe that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003). B. According to the evidence duly adopted and examined by the court, the victim E visited the instant PC around February 16, 2015 and went to the female toilet. On the same day, the victim visited the instant PC and moved to the mobile phone. On the same day, the victim did not find a mobile phone, but the victim did not request the above employee to verify CCTV, and the victim did not reported the CCTV to the police police officer after opening the PC and reported it to the police officer.

(c)

However, according to the records of this case, the following circumstances are recognized.

1) The Defendant did not bring the victim’s cell phone from female toilets to this court by investigative agency.

The instant crime is consistently denied.

However, there is a problem.

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