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The defendant shall be innocent.
Reasons
1. On November 3, 2015, the Defendant: (a) around 14:40 on November 3, 2015, at the victim D’s dwelling room located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, the Defendant: (b) was able to have telephone conversations with another person; (c) was committed as if the victim had telephone conversationsd with another person; and (d) was stolen by having three million won in cash, which is the victim’s possession in a dry field.
2. In light of the following circumstances acknowledged by the records of this case, the evidence presented by the prosecutor alone is insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge it.
(1) The defendant has access to the phone call received by E from the defendant to the small room of the victim, and does not enter the phone call with other persons as if he had telephone conversations with other persons as stated in the facts charged, and does not enter the small room.
② Although the victim’s visit to a small room that the instant money had occurred is broken or the Defendant entered into a telephone conversation, there was a gap without having to close as if the visit appears to be contrary to the visit. If the victim included the instant money in the electrical breath, the victim would have a law to open the breath. Of the daily breaths where a talk was divided in front of a small room, no one is a person who received a sound through a breath.
(3) The Defendant: (a) had a telephone call at a small room of the victim; and (b) had returned home for a considerable period of time after having come home; and (c) had no suspicion or conduct immediately after leaving the small room.
④ The Defendant’s call in a small room is merely 2-3 minutes (at least 10 minutes after combining E’s call time) and as the Defendant who was unaware of the fact that the Defendant did not know of the fact that the Defendant entered the instant money in this place, search the instant money within a short time is not easy to find it.
(5) On October 30, 2015, an aggrieved person shall pay the time limit for providing a credit card, in cash, three million won.