절도미수등
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal in light of the fact that the defendant was found in the scene of the crime of this case, the blood trace discovered, the fact that she cannot be deemed to have taken a blood trace to injure the defendant in light of the quantity and shape of the blood trace discovered, and the fact that the defendant was punished for the same kind of crime, etc., the court below acquitted the defendant of the facts charged of this case, unlike the fact that the defendant was found guilty, is erroneous in the misapprehension of facts that affected the conclusion of the judgment
2. Determination
A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the 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 defendant is suspected to be guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
B. (See, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006).
As to the facts charged in this case, the court below held that ① the only evidence supporting the facts charged in this case was found in the window and window of the shouldered window at the scene of the crime and that there was no direct evidence, ② there was no direct evidence, ② it is hard to completely eliminate the possibility that any group of the defendant, as the defendant's defense was denied, and any group of the defendant, who had the original body, collected the defendant's blood trace and opened it at the scene of the crime; ③ the investigative agency did not closely check whether the defendant's hand was faced at or near the scene of the crime despite the denial of the defendant; ④ there was no evidence showing that the vehicle of the defendant was located at or near the scene of the crime, and the investigative agency did not check the CCTV near the place of the crime.