beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal: In full view of the evidence submitted by the prosecutor of the facts and misapprehension of legal principles, the judgment below which acquitted the defendant of the facts charged in this case, is erroneous in the misapprehension of facts and the misapprehension of legal principles.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant even if there is suspicion of guilt (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.). (b) The following circumstances revealed by the record are as follows: (i) the motor vehicle used for the crime of this case is owned by the defendant; (ii) the defendant was arrested by complying with a request of an investigative agency for attendance, and (iii) the defendant was staying in the Red Sea at the time of the crime of this case after he was arrested by a designated number; and (iii) the
However, the Defendant’s statement was revealed to be false when committing the instant crime, and the F’s phone number known to the Defendant was revealed to be another person’s telephone number, and ③ the Defendant, after receiving the first investigation, confirmed whether he/she driven his/her motor vehicle at the time of the instant case, and notified the investigation agency thereof.
In light of the fact that there was no clear disclosure of the identity of the person who used his/her motor vehicle, and no document to specify his/her identity has been submitted, it cannot be denied that a strong doubt as to whether the Defendant did not commit the instant crime, such as the instant facts charged, exists.
(c)
1. However, this shall not apply.