beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found that the facts charged in this case constitute a case where there is no proof of a crime, although the defendant arbitrarily disposed of a heavy cell phone and embezzled
2. Determination
A. On June 2013, the Defendant entered into a business agreement with the victim C and the Republic of Korea to purchase a heavy cell phone and distribute profits from the purchase of a heavy cell phone in Korea. On June 21, 2013, the Defendant purchased a heavy cell phone 169 and left the Republic of Korea with the victim and the Republic of Korea on June 21, 2013.
On June 25, 2013, at least 02:20, the Defendant: (a) placed 129 cell phoness in the Switzerland, which were in custody of the instant vehicle in the west of a siren to use the remaining 129 cell phones as a means of movement in the Switzerland (hereinafter “instant vehicle”); (b) embezzled the instant vehicle’s key, which had been in possession, by arbitrarily disposing of 129 cell phoness while using the said vehicle’s key to the instant vehicle as a place of movement.
B. The lower court acquitted the Defendant on the ground that the instant facts charged constitute a case where there was no proof of crime.
C. According to the evidence duly admitted and investigated by the lower court, all circumstances presented by the lower court are recognized.
In addition, the following circumstances revealed by the aforementioned evidence, namely, according to CCTV images, around 2:19 on June 25, 2013, the Defendant left the hotel of this case by driving the instant vehicle and arriving in the hotel of this case on or around 2:41 on the same day. On the arrival of the instant vehicle, immediately after the arrival of the vehicle, the between the instant vehicle was opened and the Defendant shut down the between the two roads while getting off from the instant vehicle, but the between the two roads was not opened so as to be seen from the between the two roads at the time.