특수절도
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal No. E’s statement is without credibility in light of the empirical rule, and the statement made by an investigative agency is credibility, and if CCTV images at the scene of crime are discovered, the Defendant, along with E, can recognize the fact that he/she committed larceny as stated in the facts charged.
2. The lower court found the Defendant not guilty on the grounds that there is credibility of the E’s legal statement after examining E as a witness, and that there is insufficient evidence to acknowledge that the Defendant committed each larceny as stated in the facts charged, including CCTV at each criminal scene, etc., and the evidence submitted by the prosecutor alone was insufficient. Examining the reasoning of the lower judgment in comparison with the record, the lower court’s judgment is just, and thus, the Prosecutor’s assertion is without merit.
3. Therefore, 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.