The prosecutor's appeal is dismissed.

1. In full view of the victim’s statement and subway ctv image, etc., the lower court erred by violating the rules of evidence or by misapprehending the facts charged, thereby acquitted the Defendant of the facts charged.

2. Determination

A. On December 25, 2012, at around 00:13, the Defendant: (a) discovered the victim D, who was under the influence of alcohol and was on the part of the victim, and was on the part of the victim’s bank, and was on the part of the subway No. 4 in the subway No. 8-2 platform located in Dongjak-gu Seoul Metropolitan Government, Seoul, with his intention to steal money and valuables from the passengers; (b) on December 25, 2012, the Defendant taken off the victim’s 450,000 won of the market price, which was on the part of the victim’s household, in colored off, one half-yearly, four0,000 won of the cash, one resident registration certificate, one bank physical card, one bank, and 30,000 won of the market price.

As a result, the Defendant habitually stolen the property worth 520,000 won in total, which is the market value owned by the victim.

B. The judgment of the court below held that the statement by the victim that the defendant would open the victim's bank and take out the wall is merely a conjection, and the victim did not directly witness the part that the defendant opened his bank and did not directly witness the wall and lost the wall, and according to CCTV image, about 2,3 minutes of the defendant was in the vicinity of the victim that he was seated in the front of the total entrance area of 8-2 platform, but the passage of the victim was frequent. Since the defendant was in the state of being under the influence of alcohol, the victim's female-friendly movement between the victim and the victim at that time, it cannot be ruled out that a third party, other than the defendant, opened the victim's bank and stolen the wall, and the victim could not have lost or stolen the wall during the process of transferring the subway while using the subway.