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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. On January 14, 2015, the Defendant did not cut off one set of 1 punishment in the clothes room operated by the victim.
B. On January 22, 2015, the Defendant did not steals 1 punishment from the clothes store operated by the victim.
2. Determination
A. Of the facts charged in the instant case, the finding of guilt in the criminal trial on January 14, 2015 is based on evidence with probative value sufficient to have a judge feel true enough to have a reasonable doubt. If there is no such proof, even if there is suspicion of guilt against the Defendant, the conviction cannot be determined (see Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2014Do5444, Jul. 24, 2014). According to the evidence duly adopted by the lower court and examined by the lower court, the Defendant’s 18: (a) took one color tag and one pocket ticket from the clothes room operated by the victimized person on Jan. 14, 2015; (b) took the Defendant out of the victim’s cell room, and (c) took the above 18:14 of his/her clothes, and (d) took the Defendant out of 15 of his/her clothes.
3) However, comprehensively taking account of the following circumstances revealed in the record, it was proved that the Defendant, on January 14, 2015, removed a theft prevention device attached to one punishment from a sloping cell on the sole basis of the facts described in the foregoing paragraph (2) above, and was proved to the extent that there was a reasonable doubt that the Defendant concealed the color and stolen it within the lower part of the bar.
Therefore, the defendant's argument that this part of the facts is erroneous is justified.
There is no evidence to prove that the victim of a crime to be established has recovered the theft prevention device attached to the coloring around January 14, 2015.
The victim's theft prevention that was recovered on January 25, 2014 is facts constituting the crime of the lower judgment.