The prosecutor's appeal is dismissed.

1. Although credibility exists in the statements made by A's investigative agency and the court of original instance, which correspond to the facts charged against the defendant in the summary of the grounds for appeal, the court below found the defendant not guilty of the facts.

2. The burden of proving the facts charged in a criminal trial for a judgment must be borne by a public prosecutor, and the conviction of a guilty must be based on evidence with probative value, which leads to the judge to have the conviction that the facts charged are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(see, e.g., Supreme Court Decision 2013Do4146, Jan. 23, 2014). In light of the fact that a statement made at A’s investigation agency and court of original instance, consistent with the facts charged against the Defendant, was changed from time to time as stated in the lower court, there is no credibility in light of the fact that the content of the statement was changed, and the statements made at the victim F’s investigation agency and court of original instance were transferred from A. As long as it is difficult to recognize the credibility of A’s statement, the victim’s statement alone is insufficient to

Meanwhile, according to the evidence duly adopted and examined by the court below, C, in a de facto marital relationship with the Defendant (Evidence No. 251 pages), stated in the prosecutor’s office that “A, after theft of the object, sold it to the gold bank, sold it with the Defendant, and then sold it with the Defendant.” The author stated that “The Defendant was divided into three copies of the stolen object in a coffee shop” (Evidence No. 255 pages), and the Defendant stated in the prosecutor’s office that “C and A received the money lent to A when selling the stolen object on the day of theft of the object.” (Evidence No. 268 pages).