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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the Prosecutor on the grounds of appeal, the fact that the Defendant intrudes into the practical training room as stated in the facts charged and steals machinery and materials is sufficiently recognized.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. On May 1, 2015, the summary of the facts charged was that the Defendant entered the said practice room using a card key that was kept in the C University Nursing Practice room 405, and up to six times from that time, up to August 19, 2015, up to six times in total, two cardiopulmonary resuscitation equipment (deficition), two cardiopulmonary resuscitation equipment (reficition), two cardiopulmonary resuscitation equipment (reficition), 16 equipment for cardiopulmonary resuscitation (reficition), 41,78,00 won in total, including video tape (hereinafter “each of the instant equipment”) and video tape (hereinafter “the instant equipment”). The Defendant arbitrarily stolen the instant equipment with 16 equipment for cardiopulmonary resuscitation (reficition), 41,78,00 won in total, and 80 won in total.
B. In light of the following circumstances, the lower court rendered a not-guilty verdict on the facts charged of this case on the ground that the facts charged of this case constitute a case where there is no proof of crime.
1) In relation to each theft, the Defendant carried out the instant equipment to use it as an outside lecture apparatus that proceeds from E, etc., and repeated the Defendant’s removal of the equipment from around 2008 to outside lecture equipment for the purpose of using it as a practice apparatus.
② Each of the instant equipment taken out by the Defendant appears to have been used as a practice apparatus at the time of external lectures, and the equipment was stored in the relevant lecture room or the vehicle or residence of the Defendant.
(3) The defendant is missing as a person in charge of managing each of the equipment in this case.