절도
The prosecutor's appeal is dismissed.
In full view of the evidence submitted by the prosecutor, the court below acquitted the defendant of this case on the ground that the evidence submitted by the prosecutor was insufficient to prove the facts charged. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.
However, the lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor, such as D’s statement of abstractness, is insufficient to recognize the facts charged of the instant case.
A thorough examination of the evidence of this case in light of the records, the court below's determination of not guilty of the facts charged of this case on the basis of the above determination of evidence is legitimate, and the prosecutor's above assertion is without merit.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.