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The defendant shall be innocent.
Reasons
1. On January 15, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on April 29, 202 and the judgment became final and conclusive on April 29, 2020.
On January 23, 2015, the Defendant: (a) around 18:08, three Ro-ro in Jongno-gu Seoul, Jongno-gu, Seoul, did not board the urban rolling stock in the large-scale railway station and set the value without good cause.
2. The decision-making defendant asserts that although he was under control while getting on a street in the subway history, he did not have any fact of getting on a car at the time and place specified in the facts charged.
As shown in the facts charged in the instant case, there are inquiries about the written notification and a statement of control over the preparation B.
However, it is thought that the data for notification disposition is mechanically registered and printed out of the details of notification, and the situation is not well memoryed when 5 years elapsed, but it is controlled according to legitimate procedures.
'The above evidence is merely a content and it is insufficient to recognize that the defendant was free from office at the time and place specified in the facts charged, and there is no other evidence to acknowledge it.
3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, a judgment of innocence under the latter part of Article 325 of the Criminal Procedure Act and the summary of the judgment of innocence under the proviso of Article 58(2) of the Criminal Act