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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding and inappropriate sentencing) is that there was no fact that the victim's cell phone was collected and damaged the amount thereof as stated in the facts charged, but there was an error of misunderstanding of facts in determining otherwise.
Even if the above facts charged are found guilty, the sentence of a fine of KRW 300,000 imposed by the court below is too unreasonable.
2. Determination
A. In a criminal trial for determining the assertion of mistake of facts, the degree of the formation of a conviction for the finding of guilty should be such that there is no reasonable doubt, but to the extent that it excludes all possible doubts, and rejection of evidence which is recognized as having probative value is beyond the bounds of the principle of free evaluation of evidence, and cannot be allowed as it goes beyond the bounds of the principle of free evaluation of evidence.
The reasonable doubt here refers to a reasonable doubt as to the probability of facts that cannot be matched with the facts in accordance with logical and empirical rules, rather than all questions and correspondences. Since the circumstances favorable to the defendant need to be based on the theory of sexual prosecution that grasped the facts in relation to the fact finding, the doubt based on conceptual or abstract possibility cannot be deemed to be included in a reasonable doubt.
(see, e.g., Supreme Court Decision 2004Do2221, Jun. 25, 2004). According to the evidence duly adopted and examined by the court below, in particular, according to the victim witness B’s statement in the court below (No. 4), the police statement (Evidence No. 19), and the handphone photographs of the victim witness B, the victim’s cellphones around August 25, 2017, when the new wall No. 3 times around August 25, 2017, the victim took care of the defendant’s home room, and the victim’s cell phone of the victim who sees the victim’s shoulder from the lock side is on the bend floor along with the clothes back.