절도
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts that 50,000 won was stolen from the wall "C" (hereinafter "the wall of this case") owned by the prosecutor, but there is an error of law by mistake of facts.
2. Determination:
A. The Defendant consistently asserts that there is no fact from an investigative agency to this court that there is no money in return for receiving the instant wallet, or that there is no fact by deducting money from the said investigative agency.
B. We examine the following circumstances, i.e., the evidence duly adopted and examined by the court below, i.e., (i) the CCTV image installed adjacent to the main apartment 110-gil-ro elevator 110, which is the scene of crime, was not taken by the defendant, and there is no direct evidence proving that the defendant stolen money in the ground of this case even according to other evidence, and (ii) even if the above CCTV image was accessible only to the defendant among the above apartment 110-dong 10-dong 110-dong d or people either at the entrance or entrance of the above apartment, it was hard to find that the defendant could not have access to the above CCTV by taking into account the following circumstances as a whole: (i) the CCTV image installed adjacent to the main apartment 110-ro elevator, which is the scene of crime; (ii) the person who entered the above apartment at the entrance of the entrance of the above apartment; and (iii) not only the person who has access to the rail side of this case, but also only the person who has access to the above CCTV installed, cannot be determined otherwise.
C. Therefore, the judgment of the court below that acquitted the defendant is just and there is a ground for appeal.