The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the Prosecutor as to the gist of the grounds for appeal, it can be sufficiently recognized that the Defendant had the intent to commit the act of embezzlement or illegal acquisition.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. If there is no evidence to establish such a degree of conviction, it is doubtful that the defendant is guilty even if there is no evidence to establish such a conviction.

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

(See Supreme Court Decision 9Do4305 delivered on February 25, 2000, etc.). B.

In light of the above legal principles, a thorough examination of the evidence of this case in light of the records, the court below is just and acceptable to determine that the facts charged of this case constitutes a case where there is no proof of criminal facts, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts. The court below did not err in the misapprehension of legal principles as to the finding that the defendant recognized the right holder of the smartphone of this case as a lost or lost property, and that at the time of bringing the smartphone of this case to the defendant temporarily or permanently, the defendant excluded the right holder of the smartphone of this case from the right holder of the smartphone of this case, and that there was an intention to use and dispose of other person's goods like his own property.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.