The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below acquitted Defendant D of the facts charged in this case on the ground that Defendant D had no functional control over the crime of this case by essential contribution, etc., even though it is sufficiently recognized that Defendant D stolen the victims' property in collaboration with Defendant A and C at the time, and even if not, aiding and abetting the theft crime.

2. 1) The summary of the facts charged is as follows: (a) Defendant A, C, and D, who committed a crime against the victim AT, AU, committed a crime against the victim AT, and C and D, at night, collected money and valuables, such as cash, etc. in the vehicle, by opening the door of the vehicle parked in the underground parking lot and the house in the alleys of the unfolded apartment complex and opening it at night.

After the aforementioned Defendants were gathered as above, around 01:10 on January 13, 2014, Kimcheon-si apartment complex, and around 01:10 on January 13, 2014, Defendant D was waiting in the above apartment complex. Defendant A and the Defendant C, together with the foregoing apartment complex, found AW Lato vehicle parked at the underground parking lot of the above apartment complex, and the other person reported the network and collected the front part of the above vehicle’s seat door door, and opened a driving seat door in a way that the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As a result, the above Defendants conspired, and Defendant A and Defendant C stolen the victims’ property jointly.

(2) Crimes against victims AY.