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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The court below found the Defendant guilty of the facts charged of this case, although the Defendant did not have stolen a Handphone, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. On June 18, 2016, the summary of the facts charged in the instant case: (a) around 04:00, the Defendant stolen the victim’s 'D’ club located on the Busan Jingu C and the third floor; and (b) the victim E’s market price of KRW 99,000,000, which was the victim’s 99,000.
B. In full view of the evidence as indicated in the judgment below, the court below found the defendant guilty on the ground that the defendant stolens one handphone of the victim, such as the victim's criminal facts stated in the judgment below, in light of the statement about the situation at which the victim and the victim's act of driving in this case was lost and the victim's mobile phone's mobile route coincides with each other.
(c)
According to the evidence duly admitted and examined by the original court, the following facts can be acknowledged.
Defendant
In addition, while J and K attempted to shoot the victim E and its daily activities (G, L, M, and F) in the “D” club, the victim and his/her daily activities were rejected.
The defendant J and K immediately left the above table, but the defendant left the above table after smoking tobacco remaining in the mixed's table.
After refusing the Defendant and his driver’s proposal, the injured party claimed that the Handphone was out of the Hand tape and did not play the Handphone again, and that he was only the Defendant who was mixed with the Handphone. The injured party claimed that the Handphone was left in the above table.
The Defendant: (a) the Defendant she saw with his/her day and returned home in a club; and (b) the Defendant was passing through a tunnel, and passed in the order of the Gansung University, the United Nations Private Distance Culture Park, and the Gu foreign language university located in the Gyeongdong-dong.