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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) did not commit a theft as stated in the facts charged in the instant case.
The Defendant did not recognize that he was seated next to the victim at the time of the instant case from the investigative agency, and that the witness’s statement made without complying with the basic principles of the criminal identification procedure is not reliable, and there is no other evidence to prove the facts charged of the instant case.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination on the grounds for appeal
A. From November 19, 2017 to around 19:20 of the same day, the Defendant: (a) committed a theft of KRW 27,000 in cash on the wall of the victim D (the age of 15) who was seated in the front door at C’s general perusal room located in Jeju City during the period from November 19, 2017 to around 19:20 of the same day; (b) by taking advantage of the cresh in which the victim D (the age of 15) was locked the seat; and (c) taken
B. The lower court determined as follows based on the evidence duly adopted and examined: (i) the Defendant stated in the police and the court that the Defendant was seated beside the seat the victim was seated at the time of the instant case, namely, (ii) the Defendant appears to have never been seated by any person other than the Defendant at the seat above the seat the victim was seat at the time of the instant case; and (iii) the Defendant, who was seated above the seat of the victim at the time of the instant case, stated to the effect that the Defendant, who was seated above the seat of the victim at the time of the instant case, was deducted in cash from the front door where the victim was seated, and again included the wall in the door again, and the victim stated to the effect that the Defendant was 27,000 won in cash at the seat below the seat of the victim, and that the Defendant was dead due to the suspect identification procedure by the suspect's appearance.