beta
Text
The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. According to the overall circumstances, such as the statement of the victim of the grounds for appeal, it is recognized that the defendant was given cash within the wall that the defendant acquired and that the defendant embezzled.
Nevertheless, the lower court erred by misapprehending the facts charged in the instant case.
2. Before the judgment on the grounds of appeal by the ex officio, the prosecutor examined ex officio prior to the judgment of the prosecutor's appeal, and the prosecutor applied for amendments to the indictment with the content that the "amount of 450,000 won in cash" among the facts charged in this case is changed to "amount in cash". Since this court permitted this and changed to the subject of the judgment, the judgment of the court below
3. The modified facts charged and the judgment thereof
A. On July 26, 2015, at around 20:15, the Defendant: (a) found the cash amount of the victim E (the age of 47), resident registration certificate, driver’s license, credit card of the national bank, etc. on the street in the south-gu Incheon Metropolitan City, only the cash amount on the part of the victim (the age of 47).
They were possessed without returning to them and embezzled.
B. 1) In a criminal trial, the burden of proof for the criminal facts prosecuted is imposed on the prosecutor, and the conviction of guilt is based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003). 2) The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, inconsistent statements, the circumstances before and after the case, and the defendant's consistent statements, etc. are presented by the prosecutor.