A. In light of the fact-finding and misunderstanding of legal principles (not guilty portion in the judgment of the court below), the defendant's intention to obtain unlawful acquisition is recognized when the defendant brought about the vehicle, the reason why the vehicle was returned, and all the booms of the vehicle, etc., and the return of the vehicle does not affect the establishment of larceny due to the circumstances after the thief has already taken place, but the judgment of the court below which judged otherwise and acquitted the defendant of this part of the facts charged is erroneous in the misapprehension of legal principles as to the intention to obtain unlawful acquisition

B. The sentence imposed by the lower court on the Defendant (two million won of a fine) is too uneased and unreasonable.

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it is difficult to readily conclude that the evidence submitted by the prosecutor alone had the intent to obtain unlawful acquisition of the damaged vehicle itself beyond the purpose of temporary use at the time of the instant crime, on the grounds that it was in fact difficult to conclude

In light of the records of this case, the court below's judgment is just and acceptable, and there is no new evidence to acknowledge this part of the facts charged at the court below.

Therefore, the prosecutor's assertion that the judgment of the court below erred by mistake and misunderstanding of legal principles is without merit.

2. We examine the determination of the allegation of unfair sentencing, and there is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, even if the prosecutor claims as the grounds for appeal, it cannot be deemed that the sentence of the court below is too unfounded and unreasonable.

3. In conclusion, the prosecutor’s appeal is without merit.