절도
The prosecutor's appeal is dismissed.
1. Even according to the Defendant’s assertion on the gist of the grounds of appeal, the facts that the Defendant had the visual view of the victim are acknowledged on the grounds that the Defendant was unable to know on the day of the instant crime; while considering various circumstances, such as the fact that the Defendant’s testimony corresponds to the victim’s statement; that the Defendant’s former male-gu statement is reversed or contradictory, the Defendant’s previous male-gu statement was reversed or contradictory, the lower court, without any reasonable doubt, proven the facts charged of the instant case.
For the reasons that it is difficult to see it, the judgment of the court below is erroneous by misunderstanding facts, which affected the conclusion of the judgment.
2. Examining the evidence of this case in detail in light of the records, the lower court, on the grounds stated in its reasoning, proved that the Defendant’s speech was difficult to believe that he received a gift in sight from the injured party, or that the facts charged of this case, even based on all the evidence submitted by the prosecutor, was proven without any reasonable doubt that the Defendant stolen the victim’s visibility.
It is difficult to see
In light of the facts charged of this case, it is just and acceptable to have judged the defendant not guilty, and there is no error of misconception of facts as alleged by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices (Provided, That it is obvious that the “the same day” of three parallels from the end of the judgment of the court below is the next day’s clerical error, and thus, it is corrected ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.