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(영문) 제주지방법원 2015.09.11 2015고단135
절도
Text

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

Reasons

1. On June 13, 2013, the Defendant: (a) around 21:25, the Defendant: (b) was seated in the D restaurant located in Suwon-si C, Suwon-si; (c) was the victim E, who was seated in the table No. 17 in the table No. 18 of the market price, was laid in the table No. 2500,000, and ever 17,000,000, carried out meals, and then moved to the toilet with the above bank by taking advantage of the gap in management, and then cut off the street No. 17, which is the victim’s possession.

2. Determination

A. The Defendant cited a bank of the victim, who was seated by the Defendant, and left the bank and did not bring out lapt North Korea inside the bank, and denies the charges by consistently denying the charges since the investigation agency, to this court.

B. The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the interest of the defendant should be determined even if there is a suspicion of guilt against the defendant.

C. First of all, according to the legal statement of the defendant and witness E, the statement of the police suspect interrogation protocol of the defendant, investigation report (investigative record 28 pages), CD videos and other evidence, the victim 1, around 19:00 on June 13, 2013, d restaurant 18 and 17 set up a door on the table, along with work club pay, and 17, set up a door on the door of the table. ② the defendant was seated in the table table No. 17 on the day when 21:23 on the day when she was sitting in the above cafeteria, and she was placed in his hand at around 21:24, and around 21:26 at around 21:24, the victim left a restaurant at around 21:26, and then left the restaurant at around 21:26, and the defendant left the restaurant at the time of her opening.

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