The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (not guilty portion of the judgment of the lower court) did not contact the victim in advance, and brought the laundry and bed against the victim to a place between directors, as well as the director later did.

In light of the absence of the notification that the above goods are being used, the intention of illegal acquisition by the defendant may be recognized.

Nevertheless, the lower court acquitted the Defendant of this part of the facts charged by misapprehending the facts or misapprehending the legal doctrine.

2. Determination

A. The Defendant, who was married with the victim B and resided in Songpa-gu Seoul Metropolitan Government C302, divorced on June 5, 2012. The Defendant and the victim resided in the above residence until August 10, 2012 by the judgment of divorce lawsuit, and the victim thereafter entered the above residence.

However, around July 31, 2012, the Defendant, who was a director in the above residence, was stolen with goods owned by the victim of the market, such as a drum laundry and a drum 1st, which were owned by the victim.

B. The lower court determined as follows on the above facts charged and sentenced not guilty on the ground that this part of the facts charged constitutes a case where there is no proof of crime.

① According to the records of this case, B had left their own goods before divorce with the Defendant, but the Defendant refused B, but the divorce between the Defendant and B was established during which the Defendant had agreed to live in the said residence until August 10, 2012. Upon the lessor’s request on July 31, 2012 to leave the said residence, the Defendant used B laundry and bed against B, including his own laundry and bed against B, and thereafter, on August 7, 2012, the police that the Defendant stolen all her goods.