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The defendant is innocent.
Reasons
1. On July 16, 2016, the Defendant: (a) stolen the Defendant, with one wallet equivalent to KRW 150,000, which includes a credit card, identification card, etc., owned by the victim C, who was on the victim’s seat of the play 709 Dong-dong-gu, Seongbuk-gu, Sungnam-si; and (b) around 13:14, 201.
2. Determination
A. The defendant and his defense counsel asserted that there is no intention of unlawful acquisition because the defendant brought the wall on the wall in order to find the main body and put the wall on the wall.
(b) In a criminal trial, the conviction of guilt shall be based on evidence of probative value sufficient for a judge to have the conviction that the facts charged are true beyond a reasonable doubt.
Therefore, if there is no such evidence, even if there is doubt about the defendant's guilt, it is inevitable to judge the defendant's interest.
(c)
According to the evidence duly adopted and examined by this Court, the following circumstances are acknowledged concerning the circumstances before and after the occurrence of the instant case.
(1) The Defendant consistently laid the wall of the victim on the part of an apartment playground from the investigative agency to the present court, and put the wall in the front line immediately to return to the owner.
statement is made.
(2) On the wall of a victim, there was a student card of the victim and a resident registration certificate under the name of another person who was sent from the road of the victim.
The statements of the victim and the defendant are consistent.
③ On July 18, 2016, around the time of the instant crime, the Defendant posted the wall.
In the mail box claimed, one wall is discovered as a shot, and the above wall tag contains a "resident registration certificate under the name of D", and the address of the above D, whose resident registration symptoms are indicated as " Incheon."
The Defendant stated in an investigative agency to the effect that “the address was in Incheon” was “the resident registration certificate.”
(d)
If there are some circumstances, the defendant has been faced with the victim's wall.