The defendant shall be innocent.

1. At around 00:30 on September 18, 2013, the Defendant: (a) discovered that the victim C was a person suspected of drunkly drinking on the platform of the 2 subways No. 2 subway No. 2 in Mapo-dong, Mapo-gu, Seoul; and (b) found the victim’s cash 100,000 won, body cards, resident registration certificates, etc. posted on his/her own seat, and stolen the victim’s wall.

2. Determination

가. 피고인 및 변호인 주장의 요지 이 사건 당시 피고인은 피해자가 술에 취해 졸고 있던 이대역 승강장 내 의자에 잠깐 앉아 있었을 뿐 피해자의 지갑을 절취한 사실이 없고 당시 피고인이 가방에 넣은 물건은 피고인 소유의 아이팟이다.

B. In a judgment, criminal facts should be acknowledged based on strict evidence with probative value, which leads to 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 in the interests of the defendant even if there is a suspicion of guilt against the defendant even though it is doubtful that the defendant is guilty.

(see, e.g., Supreme Court Decisions 2005Do8675, Mar. 9, 2006; 2010Do14487, Apr. 28, 201). In full view of the following circumstances, it is difficult to deem that the Defendant opened a bank by the victim and was stolen, and there is no other evidence to acknowledge it otherwise.

1) The victim stated to the effect that the victim "at the time he was seated and down down in the platform, he was placed adjacent to the wall and the mobile phone, and the defendant deemed to have stolen it." However, this is merely a side of the victim's drilling, and the victim did not directly witness his wallet that he stolen. 2) The result of the CCTV verification by the court of this case.