2. On January 24, 2014, at around 12:45, the Defendant: (a) stolen the Defendant with LG 2 smartphones equivalent to KRW 80,000,00 in the market price owned by the victim C (V, 44 years old) who was on the cash payment base at the 39-lane Pamambro, Seo-gu, Seo-gu, Gwangju Metropolitan City.

3. In light of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court, i.e., ① the Defendant discovered the instant mobile phone at the bank cash payment season, and the CCTV was installed at the bank, and thus, the Defendant appears to have been well aware of the fact that the Defendant could easily confirm that he would bring about the instant mobile phone; ② the Defendant respondeded to the bank that the Defendant was directly receiving the instant mobile phone from the bank; ③ the Defendant returned the instant mobile phone at the near filling station after receiving the phone from the bank; and ③ the Defendant returned the instant mobile phone at the near filling station; the evidence presented by the Prosecutor alone is insufficient to acknowledge that the Defendant had the intention to steal the instant mobile phone.

Therefore, the judgment of the court below which acquitted on the ground that it is difficult to recognize the intention of theft is just, and the prosecutor's assertion is without merit.

4. 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.