logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.16 2016고정2993
장물취득
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant, on December 2014, purchased 200,000 won and acquired stolen goods against the Defendant, knowing that he was a stolen set of 1 million won (gallon 3) of the market price owned by the Victim G, which was stolen by F from E in front of the “D coffee shop” in front of the Suwon-si, Suwon-si, Suwon-si.

2. The Defendant and his defense counsel’s assertion does not have the fact that he purchased the aforementioned mobile phone from E around December 2014.

3. Determination

A. The Defendant denies the facts charged from the investigative agency to the court of this case, and the Defendant’s direct evidence that conforms to the facts charged in this case is limited to E’s statement. Thus, whether the issue in this case is high credibility to the extent that E’s statement can be rejected.

I would like to say.

B. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree of conviction, the determination should be made in the interests of the defendant even if there is suspicion of guilt (see Supreme Court Decision 2010Do1487, Apr. 28, 201).

Based on the above legal principle, in light of the following circumstances revealed by the evidence duly adopted and investigated by the court, there is high credibility to the extent that E’s statement can be rejected as Defendant’s defense counsel.

It is difficult to see that the remaining evidence submitted by the prosecutor alone is insufficient to recognize the conviction of the instant facts charged.

1) Comprehensively taking account of the legal statements of E, H, F, and I’s respective police interrogation records, G’s written statements, etc., the “FF’s cell phone from the victim G on December 22, 2014, upon receipt of the request from F from the victim G, sold the cell phone to E on December 23, 2014 between 18:00 and 19:00, the following day.

arrow