The judgment of the court below which acquitted the defendant on the ground that the defendant could be sufficiently recognized that the defendant obtained alcohol without the intention or ability to pay the alcohol value as stated in the facts charged, based on the statement made at the investigative agency of the victim immediately after the case, but the judgment of the court below which acquitted the defendant.

Judgment

In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by a public prosecutor, and the conviction shall 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 suspicion of guilt is against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the records, the court below's decision is justified in finding that it is difficult to believe the statement of the victim's investigative agency and to recognize the facts charged, and it is not reasonable to find the defendant not guilty on the ground that it is not possible to believe the defendant's statement in the investigation agency or to recognize the facts charged, on the ground of its stated reasoning, in light of the above legal principles and the records, a thorough examination of the evidence duly adopted and investigated by the court below in light of the health stand and the records. However, even though the long time has passed since the case, the defendant was reported to the police and the case was not reported to the police, and the victim was not driving the main point of this case, and it is not possible for the victim and his employee, and considering the fact that the defendant was under the influence of alcohol, the victim and his employee are unable to memory the main point of this case as well as the victim, and considering the fact that the defendant was under the influence of alcohol.