절도
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below acquitted the Defendant of the facts charged in this case on a different premise, even though the Defendant could sufficiently recognize that the Defendant stolen three paper boxes containing 180,000 won or more at the market price, as stated in the facts charged in this case. However, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On July 11, 2015, the Defendant, at around 18:00 on July 11, 2015, stolen the Defendant’s summary of the facts charged, which took three paper boxes containing three 180,000 won or more of the market price left adjacent to the stone fence while performing repair works for street lamps in the mate outdoor parking lot located adjacent to the Gumi-si.
B. The lower court determined as follows: ① C, around 18:00 on July 11, 2015, focusing on Daren's use of D on the bricks of the Mat Outdoor Parking Lot located in Gumi-si, Gumi-si, and 30 minutes of a pipe, left the mat work, and returned to the 30 minutes of a pipe, and the Defendant, who collected the Mat CCTV confirmed, loaded the above Mags through the string and collected the above Mags, and the Defendant argued that the above Mags had three previous boxes as indicated in the facts charged of the instant case, and that D did not directly witness the Mags at the time of the discovery of the above Mags, even though the Defendant was aware that the Mags had no 3 the Mags from the Mags, and that the Mags had no other Mags at the time of the discovery of the above Mags.