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(영문) 청주지방법원 2016.12.29 2016고단2049
절도
Text

The defendant shall be innocent.

Reasons

1. On June 14, 2016, the Defendant: (a) at the D convenience store located in the petition-gu, Cheongju-si, Cheongju-si; (b) at the D convenience store located in the petition-gu, Cheongju-si; and (c) at the 38,000 won high volume of the victim E’s market value, which is owned by the victim E, was stolen.

2. In a criminal trial, the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof does not reach the extent that such conviction would lead to such conviction, even if there are doubtful suspicions, such as inconsistency with the Defendant’s assertion or defense or non-competence, it should be determined in the interests of the Defendant. As such, the evidence submitted by the prosecutor alone cannot be deemed to have been proven without reasonable doubt as to the Defendant’s theft of the goods at the date and place indicated in the facts charged, and there is no other evidence to support this.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

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