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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The judgment of the court below which acquitted a third party, other than the defendant, of the reasons for appeal, on the ground that there is a possibility that the third party could have brought the victim's goods in the shopping bags.
2. The judge’s determination of the probative value of the evidence ought to be consistent with logical and empirical rules, and the degree of formation of a conviction in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require any possible doubt, and rejection by causing a suspicion that there is no reasonable ground for proof of probative value exceeds the bounds of the principle of free evaluation of evidence.
The term “reasonable doubt” refers to a reasonable doubt based on logical and empirical rules as to the probability of a fact that is not compatible with the facts, rather than all questions and correspondences, and the suspicion based on conceptual suspicion or abstract possibility cannot be deemed to be included in a reasonable doubt.
(2) In light of the aforementioned legal principles and the evidence duly admitted and examined by the lower court and the lower court, the following circumstances, i.e., ① the victim prepared and submitted a written self-written statement that he/she included Handphones, earphones, and cosmetics in the shopping bags located in the chemical team. The Defendant consented to the use of the said written statement as evidence, and immediately after the victim became aware of the loss of the shopping bags, it is difficult to view that there is any circumstance to suspect the credibility of the victim’s statement in light of the circumstances that actively verified the surrounding carpet images and reported to the police. ② The details of the victim’s report, the details of the victim’s report (CCTV image confirmation result), and the details of the victim’s report (CCTV image confirmation result).