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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person working as a caregiver.
From September 20, 2018 to October 28, 2018, the Defendant: (a) committed a theft in such a way that he/she concealed the care products for hospitalized patients (such as low return, plastic bags, semi-wares, and other expendable items) into the bank and brought about a cover of approximately KRW 100,000 night workers while working in the 5-story D'C located in the wife population B; (b) from September 20, 2018 to October 28, 2018.
2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). We examine the instant case in light of the aforementioned legal doctrine.
As evidence consistent with the facts charged in this case, there are statements in C's representative D, C's fifth team leader E, medical care assistant F, and assistant nurse G's investigation agency working together with the defendant, and this court.
However, in full view of the evidence duly adopted and examined by this court, i.e., the following circumstances revealed: ① The representative D of C who filed a complaint against the Defendant on the charge of larcenyed C’s goods (D specified the date and time of the crime as “from September 20, 2018 to October 28, 2018” when the Defendant filed a complaint against the Defendant; this refers to the total period the Defendant served in C) and items, and quantity; ② The F completed the work in this court and retired from the office.