절도
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant did not comply with the calculation despite the request for the calculation of the employees of the damage convenience store, and the credit card, which did not have cash at the time, and was in short of the balance. Considering such circumstances, the lower court erred by misapprehending the facts of the lower judgment that acquitted the Defendant of the instant preliminary charges even though the Defendant was guilty of fraud.
2. Determination
A. In the relevant legal doctrine, the recognition of facts constituting an offense ought to be based on strict evidence with probative value that makes a judge feel true, beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that makes the aforementioned conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) The lower court acquitted the Defendant of this part of the facts charged in its reasoning for its determination.
A thorough comparison of the evidence duly adopted and examined by the court below with the record, the evidence alone submitted by the prosecutor proves that the defendant had a criminal intent to commit fraud beyond a reasonable doubt.
As such, the lower court did not err by misapprehending the facts alleged in the prosecutor’s assertion that found the Defendant not guilty of this part of the facts charged.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.