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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) the Defendant ordered the victim E to engage in food sold by another person on January 2, 2017, such as ordering the victim E to engage in food sold by another person at the market price equivalent to KRW 180,00,00, such as Scarbus 1 Byung, etc. on January 2, 2017; and (b) did not impose a value on the victim E without good cause.
2. The Defendant asserted that the Defendant and his defense counsel did not enter the date and time indicated in the facts charged and used the personal information of the Defendant.
3. In the judgment criminal procedure, the prosecutor shall present the evidence that there is a criminal fact.
The defendant's legal action is unreasonable and false.
Even if so, it can not be disadvantageous to the defendant.
Criminal facts should be proved by a judge to have high probability to the extent that there is no reasonable doubt.
If there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the Defendant, the interest of the Defendant ought to be determined (see, e.g., Supreme Court Decision 2015Do3483, Jun. 19, 2018). Comprehensively considering the following circumstances revealed by the evidence duly adopted and investigated by the court, the issue of whether the Defendant committed the same act as the facts charged was proven to the extent that there is no reasonable doubt.
Witness
E At the time, the Defendant stated in the statement that “a male guest who has flicked in the 30th head of the latter head,” but this court did not find the Defendant in this court, and that at the time, he only carried a Handphone and was the same as the patient of a hospital for treatment of alcohol addiction in the neighborhood.
was stated.
The Defendant left work at the construction site of Seongbuk-gu, Sungnam-si on the day of the instant case, and worked in the vicinity of the said place on the following day.
The defendant uses the credit card of the wife around that time, and there is no reason for the use of the credit card.