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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant lent Y’s h’, known to the general public, to the person “H” and was returned at one hour and 30 minutes after the Defendant’s loaned Y, he was not aware of the fact that he stolen the vessel from an orchard greenhouse at night or driven Yoba in an unlicensed license, such as the instant facts charged, and there was no particular motive to block the instant crime at the time.
Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.
2. Determination
A. The degree of the formation of a conviction in a criminal trial must be such that there is no reasonable doubt, but to the extent that it does not require a reasonable doubt. Here, the term “reasonable doubt” refers to a reasonable doubt with respect to the probability of a fact that cannot be compatible with the facts requiring proof in accordance with logical and empirical rules, rather than all questions and correspondences, rather than to include all questions and correspondences, and thus, it cannot be said that the doubt based on conceptual or abstract possibility is included in a reasonable doubt.
(See Supreme Court Decisions 2004Do2221 Decided June 25, 2004; 2004Do362 Decided April 15, 2005, etc. (see, e.g., Supreme Court Decisions 2004Do362, Apr. 25, 200
In light of the following circumstances, it is reasonable to view that the crime of this case was committed not by the defendant but by the defendant, considering the facts revealed by the evidence duly adopted and investigated by the court below. It is reasonable to view that the crime of this case was committed not by the defendant. The multiple circumstances asserted by the defendant do not seem to exist with reasonable grounds as to the facts charged of this case.
① The instant orchard entered the J village from the I national highways to the J village in e.g., e., village roads to which the volume of 500 meters can arrive, and the out-of-land access is not shaking.
② The instant orchard is front of the instant orchard.