The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As the defendant made a statement at an investigative agency and at the court below at all different times with regard to the circumstance where the defendant was found in the location of the crime as stated in the facts charged of this case, it is difficult to believe the defendant's statement about the above circumstances as it is.

On the other hand, F, D, who is a witness at the time, tried to bring the defendant's clothes consistently in the investigative agency and the court of original instance.

statement is made.

In light of the above F and D’s statements, it is reasonable to see that the Defendant intentionally committed a physical coloring act closely with the theft act, which is close to the theft act, and it is reasonable to see that the Defendant intentionally committed a physical coloring act in the vicinity of the unconstitutional clothes collection box managed by D.

B. F and D received information from residents who have no clothes in collecting their constitutional clothes for a considerable period of time. At the time of the instant case, F and D acted accurately in conformity with the circumstances stated by the residents.

(c)

However, there is insufficient proof to prove the facts charged of this case.

In light of the above, the judgment of the court below acquitted the defendant, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is the person who handles recyclables, such as clothes, etc.

On September 6, 2015, the Defendant: (a) 02:00, the Defendant: (b) laid away clothes owned by the victim D (30 Does, south) of the “E” managed by the Defendant, which was installed at the Dongwon-gu, Ansan-si, Ansan-si; (c) and (d) went away from the Defendant’s cell phone to take the dynamic image of the Defendant’s cell phone at the front place; and (d) attempted to escape.

B. 1) Determination 1 was clearly erroneous in the first instance judgment as to the credibility of the statement made by the witness of the first instance court in light of the spirit of substantial direct hearing that is adopted by the Korean Criminal Procedure Act.

The result of the first deliberation and the appellate court shall be the special circumstances or the results of the examination.