The defendant shall be innocent.

1. The summary of the facts charged is as follows: Defendant A and Victim C are Chok and Lee Jae-soo.

The defendant's written indictment on February 27, 2014 is written on February 28, 2014, but seems to be a clear clerical error.

From 14:00 to 203 of the Incheon Gyeyang-gu D Operation 203, the victim took a 8 million won check issued by the bank in the room of a breath in the influence of alcohol and stolen it.

2. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the facts constituting the crime prosecuted, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B)

In light of the fact that evidence as shown in the facts charged in the instant case is evidence, the witness C and E’s statement in the court and in the investigation agency of C, and C made a statement that “C does not have any check and any steering car,” at its home, and that it appears not easy to lend the amount of KRW 8,000,000 (or KRW 6,000,000 (or 6,000,000,000 calculated by subtracting the Defendant’s return of KRW 2,00,000) in light of the financial capacity of C, it is doubtful that the Defendant is not a theft of the instant check.

However, the following circumstances that can be recognized by each evidence duly adopted and investigated by this court, namely, C, at the defendant's house located in a three-dimensional, told the defendant that "I will bring about the defendant later (if you die, then I will bring about the vehicle later)", and "I will make a sufficient statement at one's own house," while showing the check of this case to "I will change it."