As can be seen, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in finding facts.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged for the following reasons.

The instant public prosecution was instituted on the premise that the Defendant, who had knee perne, was intentionally in the bus in order to receive insurance proceeds.

Considering the circumstances such as the number of times the defendant was in excess of bus and the number of times the defendant was paid insurance money and the fact that the defendant seems to have no other passenger than the defendant at the time when the defendant was transferred, there is doubt as to whether the defendant intentionally did not receive insurance money.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the evidence alone submitted by the prosecutor is insufficient to acknowledge that the defendant was intentional to receive insurance proceeds as stated in the facts charged, and there is no other obvious evidence to acknowledge this otherwise.

① At the time in relation to the facts charged of the A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

② While the Defendant was walked towards the bus following the bus in relation to the facts charged of port service, the bus was cut out (the body of other passengers who were knife at the time) and the bus was placed forward in order to pay bus charges related to the facts charged of port service (the body of other passengers who were knife at the time), and the bus was placed forward while d.