절도
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the summary of the grounds for appeal (fact-finding and misunderstanding of legal principles), it is recognized that the defendant, who is a partner, has the "two files containing the real estate contract", which belongs to the joint possession of the defendant and the victim. In such a case, the intention of illegal acquisition in larceny is recognized.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. The court below found the defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the prosecutor alone brought two copies of the above file in order to secure the ground for the claim of right following the liquidation of the relationship with the business, and it is difficult to view that the defendant had an intent to obtain illegal acquisition. In comparison with the court below's judgment, a thorough examination of this part of the facts charged can be justified, and there is no new evidence to support the prosecutor's assertion in the grounds for appeal. Thus, the court below's decision did not err in matters of mistake of facts or misapprehension of legal principles as pointed out by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.