The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the defendant's intent to commit a theft should be recognized, but the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles.

2. Determination

A. On March 17, 2013, at around 08:39, the Defendant: (a) destroyed the victim D from the first floor of the Gui-si Building by means of transferring the victim’s incombustible flame retardation plate ( vertical 82cm, street 220cm) equivalent to KRW 400,000,00, at the market price of which the victim D was installed for the opening of the interior cover (the victim’s 82cm, street 220cm) to E Costaex vans under the Defendant’s ownership.

B. The lower court determined that the thief’s criminal intent refers to the perception that another person’s possession of stolen property is transferred to himself/herself or under the possession of a third party against his/her will, and thus, if another person acquired it by misunderstanding that another person renounced ownership and obtained it, the latter cannot be recognized as a thief’s criminal intent unless there exist justifiable grounds for misunderstanding as to the thief’s crime. Meanwhile, the prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial, and the burden of proving the thief’s guilt ought to be based on the evidence with probative value that leads to the conviction that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence

However, according to the evidence duly adopted and examined by the court below, the court below did not have any choice of determination as to the defendant's interest. (1) The building of this case is a composite board of 82 cm in length, 220 cm in width, and 20 cm in width, which is produced for the purpose of covering the space between a road from the outer wall of the building as stated in the above facts charged (hereinafter "the building of this case").