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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal - the victim N of misunderstanding of facts, E, only face-to-face or the photograph of the defendant, and the defendant was designated as the offender.
In addition to the statement of the victims, in light of the circumstances that may suspect the defendant as a criminal, i.e., CCTV or black picture taken around the scene of the crime, the details of the defendant's transaction before and after the date and time stated in each of the facts charged in this case, and the records of the defendant's criminal acts similar to that of the defendant, it is sufficiently recognized that the defendant committed the crime as stated in each of the facts charged in this case.
Nevertheless, the judgment of the court below which judged that the facts charged in this case constitute a case where there is no proof of crime and sentenced not guilty is erroneous and adversely affected by the judgment.
2. Summary of the facts charged in this case
A. At around 19:30 on September 23, 201, the Defendant: (a) discovered the victim C (56 years of age) who hangs a gold ring on the side side of the erogal elementary school located in Namdong-dong, Gwangju, Gwangju, by wearing a gold ring on September 19, 201; (b) reduced the victim’s skera by one gold ring at the market price of KRW 1,200,000, which was suffering from the victim’s item after suppressing the victim’s skera by his own hand, and then cut off one gold ring at the market price of KRW 1,50,00,000, which was suffering from the victim’s item; (c) around 15:55 on October 7, 2011, the Defendant sawed the victim E (58 years of age); and (d) discovered the victim’s ring at his/her own seat, and caused the victim’s strong by taking the victim’s hand over 16 years of the market price.
B. On January 31, 2012, the Defendant suffered injury by robbery: (a) finds a victim H (V) who hangs a gold boom on the front side of the G coffee store located in the Seo-gu Seoul, Seo-gu, Gwangju; (b) finds the victim H (V) who is walking on; (c) brea the victim’s brea; and (d) brea the victim’s brea; and (c) brea the victim beyond the bottom.