The prosecutor's appeal is dismissed.

1. According to the statement made by C of the grounds for appeal, the defendant may recognize the fact that the defendant provided a customer with a large voice within the subway history.

The lower court found the Defendant not guilty.

2. Determination

A. On September 5, 2017, the Defendant: (a) around 14:12, around September 5, 2017, sold goods and provided visitors in the exit area No. 5, Gangnam-gu, Seoul.

B. As to the above facts charged in the judgment of the court below and the court below, the court below stated the above facts charged in detail on the 2.0th of the judgment of the court below, and judged the defendant not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant duplicating or soliciting the goods,

Examining the evidence of this case in light of the record, it is just for the court below to determine innocence based on the evidence judgment as stated in its holding, and there is no illegality affecting the judgment by misunderstanding the facts to the court below.

The prosecutor's assertion of mistake is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless