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(영문) 대전지방법원 천안지원 2018.10.11 2018고단1005
절도
Text

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

Reasons

1. On May 5, 2017, around 18:00, the Defendant: (a) discovered that the victim E was holding a passport on the top of the line of the C 3rd floor in Jung-gu Incheon City, Jung-gu, Incheon; (b) discovered that the victim E was in a way of inserting a tax base of calculation of tax base of the passport on the top of the line of the C 3rd floor; and (c) then, then, the Defendant stolen two passport A and the Defendant’s certificate of qualification as the victim’s cash 37,00 won, USD 1,000, USD 5,000, USD 5,000, and Skinkin’s certificate on the top of the line of his/her own.

2. The defendant and his defense counsel's defense counsel's claim is not known to the defendant's door, and the defendant delivered the cargo inspection room through the defendant's personal act, and there is no theft against the defendant.

There is a possibility that any ar group may put him on the wall of the defendant.

3. The finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof is not sufficiently enough to achieve such conviction, even if the defendant’s assertion, defense, face-to-face, and suspicions of guilt exist, it is inevitable to determine the defendant’s benefit (see, e.g., Supreme Court Decision 2012Do7454, Nov. 15, 2012). The defendant, at the time of making an investigation agency and initial telephone call with the investigative agency, brought about “the defendant’s seat, but did not later examine the defendant, and thus returned to the airport transport through the Korea Communications Commission.

Recognizing of the fact that the other person brought on the wall, the defendant seems to have taken the wall of the victim's passport directly by making a statement on the fact that the content is confirmed or there is no fact that the other person brought on the wall in kind, etc. within the scope.

However, taking into account the following circumstances:

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