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(영문) 서울중앙지방법원 2017.11.29 2017고정3333
절도
Text

The defendant shall be innocent.

Reasons

1. On July 12, 2017, the Defendant: (a) made cash withdrawal from the National Bank New Bank of Korea located in the Jung-gu Seoul Central District, Jung-gu, Seoul, 381; (b) and (c) subsequently cut off the cards with the total of seven cards, including the No. 3, National Card 2, New Card 1, and Han Card 1.

2. In a criminal trial, the conviction in a judgment of conviction ought to be based on evidence with probative value, which leads to a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant’s guilt, the determination ought to be based on the interests of the defendant (see, e.g., Supreme Court Decision 2016Do19723, Mar. 30, 2017). The following circumstances that may be recognized by evidence are as follows: ① The defendant, from an investigative agency to this court, had seven copies of cards in the plastic bag at the time of withdrawal, but the card name was removed from the singishing organization, respectively.

I want to report to the police box, and it seems that the police box is placed in the police box, and that it was forgotten on the wind that is late entering the house, and it was thought that it was called from the police station.

The statement to the effect that “” is consistently made, ② the above seven head of the card was located in plastic bags, such as the Defendant’s above statement, and the name of the seven head of the card is not the same (see, e.g., e., 36 of investigation records); thus, there is room for misunderstanding that the above seven head of the card was discarded by the Bosing organization, and ③ the Defendant attempted to use the above seven head of the card.

In full view of the fact that there is no evidence to view, ④ the Defendant received the police phone and returned the seven pages of the said card to the police, the evidence submitted by the prosecutor alone is sufficient to obtain unlawful acquisition from the Defendant.

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