The defendant shall be innocent.

Although the Defendant did not have any out-of-the-counter device of this case, the lower court erred by misapprehending the fact, thereby convicting the Defendant.

The punishment (fine 300,000) sentenced by the court below on unreasonable sentencing is too unreasonable.

The Defendant of the facts charged in the instant case is a person who has abolished or collected recyclables, etc. by using urier in the Yang Jae-dong, Seocho-gu, Seoul Metropolitan Government.

On May 14, 2013, around 09:30 on May 14, 2013, the Defendant: (a) stolen the Victim D (year 46)’s market value, which was kept in the stairs of the first floor underground of Seocho-gu Seoul Metropolitan Government, with one outside container of the amount of KRW 500,000.

The lower court rendered a conviction against the Defendant by taking account of the evidence presented in its judgment.

There are evidence that the defendant, as shown in the facts charged, stolen with an air-conditioner out of the charge of this case, the statements made by the judicial police officer D and E in each statement of statement, the statements made by E in the fifth protocol of the trial of the court below concerning E in the fifth protocol of the trial of the court below, the legal statement made by E by the witness E in the case, the investigation report (including the counter investigation of CCTVs in the case site, the counter investigation of CCTVs in the third protocol of the court below, the records of the inspection of CCTV CDs in the third protocol of the court below, the results of the examination of CCTV CDs in the

First, since the statement of D was made to the effect that the air conditioner was stolen, it is insufficient to recognize the facts charged by the Defendant that the above statement alone had the air conditioner.

Next, on May 14, 2013, at around 9:49, one person is towing a hacker and moves to Chacker, which is the place for the instant crime, and at around 10:02 on the same day, one person can check the hacker by placing the hacker in a hacker from the inside of Chacker, but the person towing the hacker in the above CCTV is an air conditioner.