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(영문) 창원지방법원 2014.08.12 2014고합113
강도
Text

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

Reasons

1. Around 23:50 on October 14, 2013, the Defendant discovered a victim F (64 years of age) under the influence of alcohol on the street in the customary market “E” located in D, and accessed the victim’s rear side, knife the part of the victim’s knife by hand, knife the victim’s inner part of the part of the victim’s knife, and knife the victim’s knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knif

2. Determination

A. The defendant and his defense counsel asserted that there is only a fact that the defendant spawns the victim with the time and time stated in the facts charged, and that there is no fact that the defendant forcibly takes the victim's spawn.

B. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a 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 beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2001Do2823 delivered on August 21, 2001, etc.). C.

Jurors delivered a verdict of innocence as to the facts charged in the instant case. D.

In light of the following circumstances revealed by the records of this case, the evidence presented by the prosecutor alone is difficult to view that the fact that the Defendant followed the jury’s verdict and forcibly took the victim’s net boom is proven beyond reasonable doubt, and there is no other evidence to acknowledge it.

1. First, the victim F.

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