2. Determination

A. The Defendant and his defense counsel’s assertion that the Defendant did not make any error in the circumstances where the Defendant did not make any error even though they did not go against the body search by two or more customers, including himself, but did not cause any misunderstandings, and did not theft the victim’s wallet.

B. (1) The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so long as there is no such evidence, the doubt of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to determine the interest of the defendant. For the following reasons, it is difficult to view that the facts charged in this case, which the defendant stolen the victim's wallet, is proven to the extent that there is no reasonable doubt, and there is no evidence to find the defendant guilty of the facts charged in this case.

(2) According to the Defendant’s statement and evidence submitted by the prosecution, four customers, including the Defendant, visited the main points of the instant case, including the Defendant, and drinking alcohol and drinking alcohol with four guests including the victim. On the day of the instant case, the Defendant sent entertainment time to the room out of the room, and when the four guests were out of the room while calculating four customers, the victim went out of the room.