절도
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is consistent from the investigative agency to the court of the court below, and at the time of the instant case, the victim placed his wallet (hereinafter “instant wallet”) as indicated in the facts charged at the time of the instant case on his cash payment period (hereinafter “the instant cash payment period”). The situation at the time of the instant case and the location at which the wallet was located. The court below erred by misapprehending the facts that the Defendant acquitted the Defendant of the instant facts charged, which affected the conclusion of the judgment, on the cash payment period at the time of the instant case, even if the Defendant was found to have been aware of the theft of the instant wall, by using the on-site CCTV images at the time of the instant case at the time of the instant case.
2. Determination:
A. On January 30, 201, the Defendant, at around 22:01, 201, 150,000 won of the instant land wall (the first half part of the Hague 3) in cash withdrawal clocks located at the Seo-gu, Busan City, the 567-3 National Bank of Sleep-dong, Busan, with the cash payment machines, and then 1.50,000 won of the instant land wall (the second half of the Hague 3) in which the victim C traded through the cash payment machines, thereby resulting in theft.
B. The lower court’s judgment is recognized that there were the results of the CD reproduction by the lower court as evidence consistent with the facts charged in the instant case, and that according to the evidence above, the Defendant’s access to the cash payment machine of this case used by the victim included losses in the next part of the cash payment machine of this case, and that the Defendant remains in the cash payment machine of this case used by the victim, and the Defendant’s use of the cash payment machine of this case was transferred to the left-hand payment machine and the transaction without passbook transfer was completed.