(영문) 서울북부지방법원 2016.06.09 2016고정32

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.06.09 2016고정32

절도등

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On January 23, 2015, the Defendant, at the home of the victim D in the 15:00 Gyeonggi-si, had its effectiveness by preventing the use of a 40 km over the market price, which was held by the victim under custody in an anti-government unit, around the world.

B. The Defendant, on the date and time of the above paragraph (a) above, and at the same place, committed a theft with an resistance of the market price in which the Plaintiff was the victim, and then came to possess it.

2. Determination

A. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the evidence presented by the prosecutor alone, recognizing the property’s identity, and committing the crime of destroying and larceny as stated in the facts charged, was committed.

The recognition is insufficient, and there is no other evidence to prove it.

1) The Defendant and E were in the past connected with each other, and they were living together in the building in Pakistan (hereinafter “instant building”).

On the date stated in the facts charged of this case, E and the victim were living together in the building of this case after filing a marriage report.

2) Although the instant building was owned by the Defendant, according to an exchange contract between the Defendant and E, the Defendant acquired the ownership of the building in the Gyeonggi Gyeonggi-si F, which was owned by E, on October 27, 2010, and the ownership of the instant building was acquired on November 1, 2010 by E.

3) The instant facts charged following the conclusion of the exchange contract.

유사 판례

-서울북부지방법원 2016.10.20 2016노1165

-의정부지방법원 고양지원 2018.01.26 2017고정1205

-수원지방법원 2020.01.15 2019나5861

-인천지방법원 2012.10.12 2012노1682

-부산지방법원 동부지원 2018.05.18 2017고단2739