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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the Defendant can recognize the fact that the Defendant stolen food, such as a fireworks owned by the victim.
Nevertheless, the court below found the Defendant not guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the judgment.
2. Determination
A. At around 16:40 on April 11, 2013, the Defendant: (a) stored food, etc. in a three-story food store located in the Bupyeong-gu, Seocheon-gu, Seocheon-si, 316-2, 200-2, 316-2, shopping mall; and (b) stored food, etc. in a three-story food store; and (c) stored food, etc. in a three-story food store located in the above kart with a gap in the surveillance of employees in charge; and (d) stored food equivalent to KRW 31,700 in the market price, such as a fireworks owned by the victim Egypt.
B. The lower court determined that the evidence consistent with this part of the facts charged lies in F’s statement at the lower court court court’s trial, and F confirmed CCTV at the time of recovery of damaged goods, and confirmed that the Defendant separated and calculated part of the goods sold by the Defendant through the above CCTV and included the remainder in the bank. However, the content of the statement is as follows, i.e., ① the Defendant’s moving out of Empt immediately after the date stated in the facts charged, and the Defendant’s removal from the convenience store in front of Empt.
In light of the fact that only the damage of this case was discovered at the time of arrest and the fact that only the damage of this case was discovered is not discovered, ② if F confirmed a clear CCTV face, such as its statement, it would have been submitted to an investigation agency, but rather, F would have failed to submit it, and ③ rather, F could not prepare a statement of damage because it was not confirmed during the police investigation process, and the remaining evidence submitted by the Prosecutor alone proves that this part of the facts charged was proven without any reasonable doubt.