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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. The gist of the reasons for appeal is that the defendant used one copy of the stolen check, there is sufficient evidence such as the victim's statement and witness's statement, stolen check, etc., and the defendant's explanation that he obtained the check on the cab because he was in possession of the check is difficult to accept.
Therefore, the judgment of the court below that found the Defendant guilty of the facts charged of this case is unlawful.
2. Determination:
A. On June 14, 2015, from around 00:30 to 03:30 on June 14, 2015, the Defendant intruded into the inner room through the entrance that was not unlocked for the victim D’s house in Sungnam-si, Sungnam-si, and stolen the instant charges with three copies of KRW 1,00,000 per books, which are owned by the victim within the inner part of the bank located therein (hereinafter “the instant check”), 30,000 won in cash, and the market value of KRW 70,00,000 per books.
B. The court below held that the victim's statement in the court of the court below and the investigative agency, and the witness E's statement in the investigation agency as shown in the facts charged of this case are not directly proven, but are consistent with the process of acquiring the check of this case, or the defendant has a similar criminal history, and the defendant has already received a verdict of innocence on several occasions by asserting that he was acquitted in a similar case as in this case.
Even if such circumstance alone makes it difficult to readily conclude that the Defendant was guilty, and thus, the instant facts charged constitute a case where there is no proof of crime and the Defendant was acquitted.
(c)
1) In this case, there is no direct evidence that conforms to the facts charged, such as the statement of a person who observed the theft of the check, etc. in this case, which the defendant invadeds upon the victim's residence.
However, in criminal trials.