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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The gist of the grounds for appeal is that the accused has no thefted by taking the victim's wallet from the room in the case of the accused.
2. On September 14, 2014, the Defendant, at the seat No. 13 located in Gwangju Mine-gu, “D” located in Gwangju Mine-gu, on September 14, 2014, committed theft by having one male wallet, including 8 pages of 0,000 won per day of the issuance of the Bank of Korea, which is owned by the victim, and 1,000 won per day of the issuance of the Bank of Korea, which is owned by the victim.
3. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below and the court below and the court below: ① According to the CCTV images of the above room, the victim did not remove goods from the main machine until around 19:16 on September 14, 2014 after the victim was seated 13 at the seat of the room at around 18:51 on September 14, 2014; the victim left the cell phone at around 19:16:20 on the left part of the cell phone while moving on around 19:19; and ② the victim took the cell phone at around 19:19 on the left part of the cell phone and moved on the cell phone after confirming that the cell phone was located on the upper left part of the kid; ② the victim was under investigation by the police.
However, in light of the fact that the injured party cited and moved a mobile phone on the left side of the kidboard as above, if the victim's wall was found in the left side of the kidboard, the injured party would have taken the wall back and left together. ③ The accused arrived at the seat above 13 on the same day and confirmed the seat at around 19:28 on the same day, and did not detect or act on the computer at that time, and ④ the Defendant appears to be a mobile phone to use the object while taking the toilet at around 19:39, and ④ the object appears to be a mobile phone. ⑤ The Defendant cannot find direct evidence and the victim's wall was found in the toilet at the above time, and the victim's wall was not found in the 13th place at the time, but in the other person's house, other than the Defendant who lost at the location other than the 13th place at the time.