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The defendant shall be innocent.
Reasons
1. On November 18, 2015, the Defendant found out a C’s C’s C’s large-scale white (market price equivalent to KRW 60,00) containing a half of the Plaintiff’s ownership of the Red Profit Children’s Park located in 19-3, 19-3, Mau-ro, Mapo-gu, Seoul, Mapo-gu, 21-3 (west-dong), and stolen the victim’s creshing of the snow, which caused public performance, by putting it in the joint clock, in the joint clock.
2. Determination
A. The Defendant, as consistent from the investigative agency to this court, consistently reported that himself/herself was in clurbing white (hereinafter “clurbing”) above bencings, was examined and returned to find the principal, and there was no intention to commit theft.
The argument is asserted.
B. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value that leads a judge to have such a degree that is not likely to have a reasonable doubt. Thus, in a case where the prosecutor’s certification was not sufficiently enough to have such conviction, the determination should be made in the interest of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal (see, e.g., Supreme Court Decision 2013Do9866, Jun. 26, 2014).
There are DNA investigative agencies, legal statements, and field CCTV images that witnessed the situation that seems consistent with the facts charged in the instant case.
However, ① The CCTV screen images at the scene of CCTV taken by the site at the time of the instant case were recorded in order for about 20 to 30 seconds of the five CCTV camera.
Although the above video is not continuously taken, the image of the defendant does not continuously take the door, the appearance of the defendant to see the door, the appearance of the defendant to see the door, the way of returning the door used by D to her hand, and the following circumstances are recorded.
According to the above video, the defendant started to look at the door by gathering the door, and D.