The defendant shall be innocent.

1. On May 5, 2014, at around 03:39, the Defendant: (a) committed a theft of one gallon lusium equivalent to KRW 900,000,00 in the market value of the victim F owned by the Defendant, who was placed in the “Eju store” located in the “Ejus located in the Donsan-si, North Korea.”

2. Determination

A. According to the evidence, such as the Defendant’s statement in the court, the facts between the Defendant and the cell phone owned by the victim are acknowledged at the above date and place.

B. Meanwhile, according to the witness G’s testimony, the statement of the police interrogation protocol against the defendant, the images and investigation reports (Investigation Records 28 pages) from May 4, 2014 to May 18, 2014, the defendant had a considerable number of alcohol to drinks while moving 9 to 5 hours or 5 hours from May 4, 2014 to the time of the occurrence of the instant case. On the same day, the defendant was asked whether he was "one more cellphones, which this would take place." The defendant was able to see that he was using a cell phone on the carter and brought about more than anything else at the time of the instant crime in light of the circumstances that the defendant had no capacity to determine whether he had a mobile phone prior to or after the instant crime, and that there was no other person’s act in light of the circumstances that the defendant had no capacity to use the cell phone at the time of his crime.

3. In conclusion, the facts charged in this case constitute the act of an insane under Article 10(1) of the Criminal Act and the former part of Article 325 of the Criminal Procedure Act.