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The defendant shall be innocent.
Reasons
1. Around January 24, 2014, the Defendant stolen the instant facts charged with LG interview2 smartphones holding approximately KRW 800,000,00,000 owned by the victim C (n, 44 years old), who was on the cash payment date at the 39-lane Pung-ro, Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju.
2. Although the Defendant, as stated in the instant facts charged, has a fact with a smartphone owned by C, which was placed on the cash payment machine, as seen in the instant facts charged, the Defendant stated that there is no intention to commit theft as it has been placed to return it to the principal.
In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt is against the defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
Defendant’s legal statement
According to the above, the defendant's fact-finding at around 12:45 on January 24, 2014 with one smartphone owned by C, which was on the cash payment machine, is recognized.
However, according to the records of this case, D, who is an employee of Gwangju Bank, confirmed the Defendant's personal information by confirming the Defendant's personal information according to C's request, and confirmed whether the Defendant brought a smartphone by using the phone. The Defendant was willing to immediately bring a smartphone to start and return the smartphone, and the Defendant was left to the neighboring gas charging station where the Defendant was operating a smartphone at the request of D, which is the fact that the Defendant left the smartphone to the neighboring area where the Defendant was working. If the Defendant had an intention to steal a smartphone, it is immediately called a smartphone to the bank staff of the bank who is not the police.