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The defendant shall be innocent.
Reasons
1. On February 18, 2017, the Defendant, at around 06:22, cut off the 1.5 million won of the market price, such as cutting, charging, filling, brining, and saws, in front of the “D main shop” located in Suwon-si C, which was parked on the street in front of the “D main shop” owned by the Victim E, as a means of cutting off the tools equivalent to the KRW 1.5 million of the market price to provide meals to the damaged person.
2. Determination
A. The facts charged in a criminal trial must be proved by the prosecutor, and the judge should admit the conviction with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see Supreme Court Decision 2005Do767, Apr. 15, 2005). (b) According to CCTV video CD taken under the situation at the time, the defendant's body can be confirmed by loading it on the left side of the cargo from 06:39:43 to 06:404 to 06:4:04 on the day of the instant case by loading it on several occasions.
(c)
However, the following circumstances acknowledged by the records of this case are as follows: ① The victim stated at the investigative agency that “the victim was locked with the tools loaded in the cargo vehicle, and returned again, and there was a lock of the tools box loaded in the cargo vehicle, and approximately KRW 1,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.