The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the Defendant stolen the instant server as stated in the facts charged, the lower court acquitted the Defendant by misunderstanding the facts.

Judgment

The evidence that there is a crime in criminal procedure must be presented by the prosecutor, and the criminal facts must be proven by the judge to have high probability without reasonable doubt, and if there is no evidence to form such a high probability, the defendant is suspected to be guilty even if there is no evidence to establish such a degree.

Even if there is no choice but to judge the interests of the defendant.

The court below found the defendant not guilty on the ground that the evidence presented by the prosecutor alone was insufficient to recognize that the defendant stolen the server of this case at the time and place of the charge. In light of the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable.

In particular, from November 16, 201 to 11:52:52:59 on the same day, the Defendant’s landing the Defendant as an offender was conducted by searching for the location of the equipment using the ASEAN’s address F from November 16, 201 to 11:52:59 on the same day (see, e.g., Articles 12 to 14 of the Investigation Records), and the time when the victim was sent the instant server automatically as connected to the Internet was the date when the server was automatically transmitted. As such, it is difficult to readily conclude that the ASEAN was not changed due to the nature of the ASEAN.

Therefore, the lower court did not err by misapprehending the facts charged.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.