The defendant shall be innocent.

1. On September 4, 2015, at around 22:30, the Defendant: (a) attempted to steal the gap in which the victim C (the victim 25 years of age, south) is driving in the direction of the Yeongdeungpo-gu Seoul Metropolitan City Si Office Station and the 5-3 platform in front of the direction of the river basin of Yeongdeungpo-gu Office Station; (b) attempted to take the hand by inserting the hand-on (the Handphone 6) on the left left side of the other victim; and (c) did not go to the citizens, and did not commit an attempted crime.

2. Determination

A. In a criminal trial, the establishment of a criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made with the benefit of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (B)

Of the facts charged in this case, it is examined as to whether the Defendant, at around September 4, 2015, tried to steal by inserting handphones on the left part of the victim in the chair of Yeongdeungpo-gu Station around September 22:30, 2015.

In light of the following circumstances acknowledged by the record, D’s statement (each statement in the investigative agency and the court) as shown in the above facts charged is difficult to believe it is, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged, and there is no other evidence to acknowledge it.

(1) The Defendant consistently denies the fact that he/she tried to steals by putting Handphones in hand, as described in the facts charged, from investigative agencies to this court.

2. The victim only testified in this court to the effect that “at the time, the victim was divingd and brought about the situation from D”, and the victim did not witness the situation at the time.

(3) D shall take the hand of the defendant at the time of his/her death.