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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the Defendant’s parking personnel.
On August 13, 2016, around 16:38, the Seoul Jongno-gu Seoul Metropolitan Government parked a vehicle for the use of Eunching in front of the victim D(31 31 , n) owned by the victim D, who was responsible for the operation of the vehicle, and installed in the vehicle after the vehicle, and cut off another person's goods by discovering doping 6S of the market value of KRW 1 million and making use of the gap in surveillance neglected.
2. Determination
A. The finding of guilt in a false criminal trial ought to be based on evidence of probative value that leads a judge to feel true, beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree that it would lead to such conviction, it should be determined in the interests of the defendant even if he/she was suspected of guilt (see Supreme Court Decision 2013Do13416, Jul. 24, 2014, etc.). (b) In light of the evidence duly adopted and investigated by this court, the fact that the injured person calls the vehicle into a cell phone within five minutes prior to the Defendant’s lawful adoption, the fact that the injured person sent the vehicle to the Defendant for parking and became aware that the victim had no cell phone, the victim did not have access to the victim’s vehicle for three to five minutes prior to the discovery of the victim’s vehicle proposal, and the fact that the victim’s cell phone was not discovered as a result of checking the victim’s cell phone condition, and the fact that the victim was found out of the victim’s cell phone.
In light of these facts, there is a doubt that the defendant would not bring the victim's cell phone in the vehicle.
However, the following circumstances, namely, ① the Defendant consistently states that there is no fact on the victim’s cell phone within the vehicle and there is no fact on the victim’s cell phone until this court reaches the investigation agency and this court, and ② the victim is no more than five minutes before the victim gets off the vehicle from the investigation agency and this court.