절도등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor, it can be sufficiently recognized that the Defendant destroyed the victim’s car, removed the registration license plate and the seal affixed to the said car without permission of the competent market and stolen the said registration license plate.
Nevertheless, the judgment of the court below which acquitted the defendant.
2. The lower court, based on its stated reasoning, acquitted the Defendant on the ground that the evidence submitted by the prosecutor alone was not proven to the extent that there is no reasonable doubt that the Defendant committed the instant crime.
The circumstances determined by the court below and the following circumstances revealed through the evidence duly adopted and examined by the court below. ① A criminal who was taken on CCTV at the scene of the crime of this case after completion of the crime of this case at around 03:55 on the day of the crime of this case. A person similar to the above criminal was taken on CCTV at the Y in Gwangju City, about 163 meters away from the scene of the crime of this case at around 04:06 on the same day. On the same day, he was taken on CCTV at the entrance and exit of the apartment at the apartment parking lot where the defendant was living, and on the same day at around 05:56 on the same day, he was taken on the apartment at the site of the apartment at which the defendant was living, but it was not clear whether the person taken on each CCTV at the scene of the crime of this case was the same person as the offender taken on the CCTV at the scene of the crime of this case; ② A public prosecutor was connected with a black-type color-type test of the victim, but did not appear to be inspected by the victim.