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The defendant shall be innocent.
Reasons
1. Around July 5, 2012, the Defendant: (a) around 23:50 on July 5, 2012, the Defendant: (b) left the gallon phone located in Suwon-si C in combination with the victim E and took alcohol; (c) left the gallon phone at the market price of KRW 800,000,000; and (d) took them off in toilets and stolen them.
2. Determination:
A. Although the Defendant, in combination with E at the above date and time, and at the above place, there is little alcohol, it has been consistently changed from the investigative agency to this court since it did not bring about E’s mobile phone, such as written in the facts charged.
B. The burden of proof of criminal facts prosecuted in a criminal trial is that the prosecutor bears the burden of proof, and the conviction should be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
C. There is only a statement in E’s legal and investigative authority as evidence that seems to correspond to the facts charged in the instant case.
However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., (i) with the knowledge of the fact that the mobile phone was destroyed after drinking alcohol in the Defendant’s daily activity and the aforementioned D head office, and (ii) with knowledge of the fact that the mobile phone was destroyed on or around July 7, 2012, the final base station was confirmed as the base station in the Sungnam-gu, Sungnam-gu, Sungnam-gu, and the Defendant was located in the location, and as a result, found the CCTV installed in the above head office, it stated to the effect that the Defendant was identified as a criminal. However, it was stated that the Defendant was aware that the Defendant was a witness with a test-type object that can be seen as a mobile phone at the seat of the Defendant, and that the Defendant was identified as a criminal offender.