절도등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal did not constitute a crime at the time of the instant crime, and did not theft precious metals, etc. by entering the victim’s house, and the lower court convicted the Defendant of the instant facts charged. The lower court erred by misapprehending the legal doctrine.
In October 10, 2012, a defense counsel asserted unfair sentencing in the summary of the oral argument on October 10, 2012, but this is excluded from the subject of the judgment of this court as asserted after the deadline for submission of the grounds
2. In a criminal trial for judgment, the formation of a conviction must not be necessarily formed by direct evidence, but can be formed by indirect evidence unless it violates the rules of experience and logic. Even if indirect evidence does not have full probative value of the crime individually, if it is deemed that there is a comprehensive probative value that does not exist by itself when comprehensively considering the whole evidence in mutual relation, the crime can also be acknowledged if it is deemed that there is a comprehensive probative value that does not exist by itself.
(See Supreme Court Decision 2001Do4392 delivered on November 27, 2001, etc.). Meanwhile, although the probative value of evidence is left to the discretion of a judge, it should conform to logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should not be a reasonable doubt. However, it is not required to exclude all possible doubts, and rejection by causing a suspicion that there is no reasonable ground to believe that the probative value exists is beyond the bounds of the principle of free evaluation of evidence.
In this regard, the term "reasonable doubt" does not include any question and incompetence, but refers to a reasonable doubt about the probability of a fact that cannot be compatible with the facts in accordance with logical and empirical rules, and is the defendant.