The prosecutor's appeal is dismissed.

1. In addition to CCTV images in the statement of the person involved in the instant case (misunderstanding of facts), the lower court erred by misapprehending the fact and thereby acquitted the Defendant.

2. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below is conducted in light of the records. The evidence of this case alone, based on the judgment of the court below, that the defendant stolen smartphones.

Considering that it is insufficient to recognize the facts charged in the instant case, the measures taken by the Prosecutor not guilty are justified, and the Prosecutor additionally submitted “Written Opinion on October 19, 2007 sent to the Seoul Central District Public Prosecutor’s Office” also has probative value to the extent of subsequent collection.

As such, there is no error of law that affected the judgment by misunderstanding facts as pointed out by the prosecutor in the judgment of the court below.

It does not seem that it does not appear.

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