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.

(See Supreme Court Decision 2008Do10096 Decided June 25, 2009, etc.). B.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court: ① in this Court, C became aware of the loss of the wall at the time of returning the bicycle to the bicycle storage unit in front of the library and leaving it to the library for about 30 minutes; on the other hand, it was found that the wall has been destroyed. On the other hand, it was found that there was walling to the place where the bicycle was installed, and then returned to the library and reported to the police because it was impossible to detect the walling. It was stated to the effect that the wall would not be accurately lost; ② in light of the fact that C cannot be ruled out the possibility of loss of the wall at the time, ② the location and the location of the bicycle installed by the defendant and the direction of the defendant's body, etc., in light of the location of the CCTV image, the image of the above defendant alone.