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The prosecutor's appeal is dismissed.
Reasons
1. The prosecutor asserts that the judgment of the court below which acquitted the defendant on the ground that the defendant could not be proven to the extent that there is no reasonable doubt as to the theft of the E goods owned by him/her, even though the defendant sufficiently recognized the theft of the E goods owned by him/her.
2. Determination
A. The Defendant, from around 14:00 on December 11, 2013 to around 16:00 the following day, destroyed the total market value of KRW 1,00,00,000, including 2 water purifiers, audio, 1 electric tools, 1 spectrum, 1, 10 chain, 10 tools, and 1,000,000, which are kept in the above factory maa in order to board directors within “D” factories located in the window of Changwon-si.
B. The lower court rendered a judgment that acquitted the Defendant on the grounds indicated in its reasoning.
C. Comprehensively taking account of the evidence duly adopted and examined by the lower court’s judgment, all circumstances presented by the lower court are recognized.
In addition, the Defendant stated that he had access to a factory operated by E more than six months prior to the occurrence of the instant case, and that he had to remove tin tin tin tin woms twice a month, and that E had been open at all times at the time of the instant case, it cannot be ruled out the possibility that a third party, other than the Defendant, entered the factory at the time of the instant case, could not have committed a crime. ③ Of stolen goods, E was in the three-story dormitory, the remainder within the factory office, and the rest within the factory office, and the rest of the audio was in the three-story dormitory. However, the Defendant stated that he had access to the factory building that he was always gathering scrap iron and stated that he did not have access to the factory building. ④ However, it is recognized that he stated that he would have “to have the heavy gar woms directly sought from the Defendant,” but it is not because the Defendant actually stolen goods.