The defendant shall be innocent.

1. On March 9, 2013, the Defendant discovered an empty cart used by D, his/her his/her father, when he/she purchased goods into a slot boat (samper) located in 626-7, Seo-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon.

The defendant found the above empty cart because he did not prepare the cart in advance, found smartphones in it, found the goods in it, and led the cart by using the gap where D management is neglected.

Accordingly, the defendant stolen the victim's observers smartphone market amounting to KRW 900,00.

2. Determination

A. The facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

B. (See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.).

According to the records of this case, at around 14:31 on March 9, 2013, the defendant discovered a cart D being towed. The fact that there was a smartphone as stated in the facts charged was contained in the cart, and thereafter, the defendant calculated three goods, such as the above cart and the Korean lap purchased by himself, and then stored the above goods in the cart. The defendant was found to have been listed in the direction of the parking lot on March 9, 2013, around 14:37 of the same day.

C. In addition, a cart used in a large retailer generally is a correction device, and a cart that is not corrected due to the use of a cart that is not corrected by other people can be recognized as a cart used by other people. In a case where there is an empty cart in a large retailer store, whether a cart is used by other people or not.