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(영문) 광주지방법원 2018.05.18 2018고정33
절도
Text

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

Reasons

1. On October 23, 2017, the Defendant, while taking part in Abane in B’s second floor in the building located in Gwangju Northern-gu, Gwangju Northern-gu, on October 23, 2017, on the victim D (19 years of age) with the seat No. 55 of the above PC room No. 01:55 on October 23, 2017, stolen the Defendant, holding a wall wall equivalent to KRW 100,000,000 at the market price containing cash 60,000

2. (1) In a criminal trial, the determination of facts constituting a crime ought to be based on strict evidence that has probative value that makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, even if there is suspicions of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, the determination ought to be made in the interests of the defendant (see Supreme Court Decision 2010Do1487, Apr. 28, 201). (2) As evidence consistent with the above facts charged, each police statement against D and F, each investigation report (on-site and inspection of CCTV), results of the detection of false statements (on-site and surrounding CCTV), and on-site CCTV images, etc.

According to the evidence above, the following facts can be acknowledged: (a) D saw D as its seat on October 22, 2017 and entered the PC at around 19:30, and (b) D and D her seat around 01:52 on the following day; (b) after approximately two minutes, the Defendant arranged the seat at D and her seat; (c) by no other person than the Defendant until around 02:15, the Defendant stated that “D was on the left side of the computer’s book at the time of carrying out the game; and (d) the Defendant’s answer was found to be false as a result of the investigation conducted by the police.”

(3) However, D saw D on the PC room and carried out a game by putting D on the left side of the seat computer on the left side.

(1) The day D was game for more than six hours from the PC room.

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