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The defendant is innocent.
Reasons
1. Facts charged;
A. On December 21, 201, at around 23:26, the Defendant was accommodated in the guest room 502 Maurel operated by the victim D located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-si, and around that time, dismantled the main body of the computer installed therein, and then divided the two CPU equivalent to KRW 100,000,000, the market price of the parts, into two separate CPU, and the total market price of KRW 60,000,000,000,000,000,000,000,000,000, and then, the part owned by the victim was discarded and stolen.
B. On December 24, 2011, at around 00:17, the Defendant was accommodated in the guest room at the above Ecom, 505, and then cut off a traffic card equivalent to KRW 100,000,00 of the market price of the computer parts owned by the victim, as stated in the above paragraph (1), by cutting off the card at around 08:50 on the same day.
2. The burden of proof of criminal facts prosecuted in a criminal trial for judgment is to be borne by a prosecutor, and the conviction is to be based on evidence of probative value, which makes a judge not having reasonable doubt as to whether the facts charged are true, to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt against the defendant is between the
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2008Do4467, Jul. 24, 2008; 2010Do9633, Nov. 11, 2010). According to the evidence submitted by the prosecutor, the fact that the Defendant was accommodated in the guest room No. 502, Dec. 21, 201; 505 Eel No. 505, Feb. 24, 201; 502 and 505, after the Defendant was laid off from each guest room was not operated; and each part recorded in the facts charged was lost.
If the defendant intends to recognize that each of the above computer parts was stolen, the computers installed in the above guest rooms should have been operated normally before the defendant was informed, and it shall be proved as evidence D.