The defendant shall be innocent.

1. The summary of the facts charged in the instant case was a taxi engineer, and around 01:45 on July 2, 201, the Defendant stolen the sum of KRW 1.8 million by bringing the bank located in the taxi in the middle-gu Seoul Special Metropolitan City, where the victim D she was placed in the taxi with the ice 1 (700,000,000 won), and the wall she was located in the taxi (hereinafter “the instant bank, etc.”).

2. Determination

A. At the time of the instant case, the Defendant and his defense counsel asserted to the effect that the Defendant left the taxi site with the instant bank, etc. left the taxi, or that the Defendant did not have any intention to commit larceny or to obtain illegal gains.

B. According to the records, we can find the circumstance to suspect that the defendant would bring about the above bank, etc. due to the intention of unlawful acquisition, such as the fact that the defendant was aware that the victim was going outside the taxi number and company name of the defendant, and that the bank, etc. in this case was moved to another place, and the defendant did not easily return the bank, etc. by leaving it to the police station, etc., even though there was a method to easily return it.

C. However, in a criminal trial, criminal facts must be acknowledged based on strict evidence with probative value, which leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In other words, the following circumstances acknowledged by the record are presented, namely, ① the Defendant waiting for the victim who entered the house and waiting for the victim to enter the house.