2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. We examine the following circumstances acknowledged by the evidence duly adopted and examined by this court. ① The Defendant: (a) removed solid goods, abolition, and clothes, etc. abandoned in the Tridong, using Libya; (b) was a person who maintained his livelihood by selling them on brokerage; and (c) was also collecting waste disposal, etc. installed adjacent to the entrance of the underground parking lot of the D cafeteria located in Pyeongtaek-gu, Seo-gu, Gwangju; (b) the instant Bag was placed adjacent to the waste bag at the entrance of the open underground parking lot where the ordinary people have free access; and (c) the time when the Defendant brought the instant Ba at the above place was around 08:24, when pedestrians walk (the E testimony, investigation records, 8-10 pages); and (d) the Defendant did not know that the instant Bag was not easily used by the victim because there was no particular indication at the time of the instant Baging. On the other hand, the Defendant did not appear to have any other information.