The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case, although the defendant could fully acknowledge the fact that he stolen strict trees as shown in the facts charged, and the court below erred by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment.

2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.

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

(2) In light of the records and relevant evidence, the court below's decision on the charge of this part is just in holding the defendant not guilty of this part of the charges on the ground that there is insufficient evidence to acknowledge that the defendant stolen a serious tree, which is a damaged product of this case, based on the grounds stated in its reasoning, and the prosecutor's proof of the charge of this part of the charges is insufficient even if it is based on all proof including the trial, so the prosecutor's above assertion is without merit.

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