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(영문) 제주지방법원 2016.10.13 2016고정106
절도
Text

The defendant shall be innocent.

Reasons

1. On October 11, 2015, the Defendant: (a) around 01:30 on October 11, 2015, at the Emallon store in Jeju, the Defendant stolen the instant facts charged with 80,000,000 won of the market price on a gallon-based gallon, with gallon-based 4 mobile phones.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant, even if there is suspicion of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.

B. As shown in the facts charged in the instant case, F’s statement at the police station and this court, internal investigation report (Esing the location of stolen mobile phones), investigation report (Esing CCTV analysis), and CD. ① A witness F’s statement at around 01:19 on October 11, 2015, at around 01:3 of the use of Esing toilets, and the 3 partitions used by him/her were put to the said toilets while leaving the cell phone on the front line, and the above toilets were closed, and the door of the above 3 doors was closed again, and the Defendant’s statement at around 3:0 on December 12:0, 201, 3:5 of the mobile phone was found to be the victim’s mobile phone, and the Defendant’s statement at around 3:15:0 on May 21, 201.

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