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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a delivery engineer working for the D agency located in Suwon-gu, Suwon-si C.
A. At around 07:00 on February 27, 2013, G managed by the victim F (the total manager of G products) F in Suwon-si, Suwon-si, Suwon-si, the supply of DNA products, and the supply of DNA products to the victim’s management that had already been supplied in the underground storage, citing four to five empty boxes in the underground storage in order to steal the victim’s DNA products that had already been supplied in the underground storage, and then thefting the unused products in the market price by putting 4 to five milk products into the underground storage and putting them into the market.
B. Around 07:00 on February 28, 2013, at the place indicated in paragraph (1), the victim’s market price was stolen by the aforementioned method.
2. The prosecutor bears the burden of proving the facts charged in the judgment of the court.
At this time, the evidence of probative value should lead to the judge's conviction that the facts charged are true, as long as it is impossible to make a reasonable doubt based on evidence, and there is no sufficient doubt that there is suspicion of crime.
Unless such proof is given, the court shall judge the defendant's interest as the interest and decide not guilty of the facts charged.
(see, e.g., Supreme Court Decision 87Do2168, Dec. 22, 1987). According to the records of this case, the fact that the Defendant had several empty boxes on each date and time, as indicated in the facts charged, and went to G underground storage, thereby putting white objects in the bottom of the empty stay is recognized.
However, the following circumstances acknowledged by the records of this case (i.e., (ii) in the instant G, not only D products delivered by the Defendant, but also other company products such as South-North oil, which were similar to the other company, (ii) prior to the Defendant’s delivery of D products to the instant G, and the Defendant’s delivery of D products did not rapidly increase, and (iii) the Defendant is white.