The defendant shall be innocent.

1. On February 11, 2017, around 20:57, the Defendant: (a) stolen the instant facts charged with a single s7 smartphone when the victim D’s market value, which had been put above the 1,000 won of female cremation indoors of the 1st floor of the Namyang-ju building C, was cut off.

2. The burden of proof of criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to make a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it is inevitable to determine the defendant's interest (see Supreme Court Decision 2002Do6110, Feb. 11, 2003, etc.). The following circumstances acknowledged by the records of this case, i.e., from the investigative agency to this court, the defendant has no cell phone owned by the victim, and the cell phone could not be seen as mobile phone: ii) the CCTV image (Evidence No. 9, 10, 33: 35 of the record of evidence, and the CCTV No. 29 of this case were again taken by the victim from 20:5 to 305:37 of the above photograph of this case.