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The defendant shall be innocent.
Reasons
1. Around December 8, 2015, the Defendant: (a) discovered a bank of the victim E (3.5 million won in cash) in the vicinity of the “D food store located in Seocho-gu Seoul Metropolitan Government, at the above restaurant; and (b) cut off the victim E (46 years in cash) from the wall that was located in the above restaurant; and (c) cut off the victim’s 1.5 million won in cash and 1.5 million won in market value.
2. Determination
A. The conviction in a false criminal trial ought to be based on evidence of probative value, which leads a judge to feel true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, the determination should be made in the interest of the defendant even if the defendant was suspected of guilt (see Supreme Court Decision 2013Do13416, Jul. 24, 2014, etc.). (b) According to each evidence duly adopted and examined by the court, the fact that the defendant found the victim’s wall containing the victim’s wall on the day before the day of the instant case at the victim’s request from the victim, and delivered the victim’s wall containing the victim’s wall on the day of the instant case to the victim, and the fact that the victim’s wall and the victim’s wall in the victim’s wall received was not found.
However, the following circumstances are: (a) the Defendant consistently stated that there was no fact that the Defendant brought the victim’s money and the bruth from the early investigation to the present court; (b) the CCTV images installed in the “D,” and (c) the said operator, even if the said operator, opened and confirmed the victim’s wallets at around 23:25:03, while opening the victim’s wall at around 23:25:03, and then opening the victim’s wall to keep it again, it was confirmed that the Defendant would bring the victim’s money and the bruth from the victim’s wall to the date of the instant investigation. However, according to the CCTV images, the said operator from around 23:24 to 25:25.