logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2017.02.07 2015고단873
특수절도
Text

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

Reasons

1. On December 24, 2012, the Defendant was sentenced to imprisonment of one year and six months for fraud in the Daegu District Court’s assistance, and on March 16, 2014, in the racing prison, the execution of the sentence was completed.

On April 14, 2015, at around 22:02, the Defendant: (a) removed and intruded the locks installed by breaking and destroying the entrance glass door from D Manpower Offices located in the North Asia-gun; and (b) stolen the cash of 2.6 million won owned by the victim E, which had been kept in the West, at that place.

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 were suspicions of guilt, such as inconsistency with the Defendant’s assertion or defense or non-competence, the determination ought to be made in the interests of the Defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). The evidence submitted by the prosecutor alone proves, without reasonable doubt, that the Defendant stolen goods at the date, time, and place indicated in the facts charged.

It is difficult to see and otherwise there is no evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, and a summary of the judgment of the defendant is publicly announced pursuant to Article 58(2) of the Criminal Act.

arrow