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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal was that the Defendant entered the E-owned mobile phone device on water purifiers and did not take necessary measures to return it to E, and the Defendant placed the aforementioned mobile phone device on the first floor toilet.
They were placed on the side of the chemical.
We laid down the toilet stop.
In light of the fact that the defendant was unable to clearly state the situation after taking the above mobile phone devices, etc., the judgment of the court below which acquitted the defendant of the theft of the mobile phone devices owned by E as stated in the facts charged, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. On December 3, 2013, the Defendant: (a) around 15:21, 201 on December 3, 2013, the victim E, who was cleaning the D Welfare Center 2nd floor and water purifiers located in Busan, left a cell phone of 800,000 won at the market price on water purifiers; and (b) discovered the fact that there was a gap between the toilets; and (c) took the property of others, which was taken by hand, stolen.
B. According to the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant: (a) placed the aforementioned mobile phone owned by E on water purifiers in hand at the time and place indicated in the facts charged; (b) placed the said mobile phone on the top of the entrance of the first floor of the welfare center; (c) held the said mobile phone at that time; (d) held the said mobile phone on his own house; and (e) held the said mobile phone at that time; and (e) the Defendant did not find the said mobile phone on the first floor at a telephone with E; (e) left the said mobile phone to find the said mobile phone but did not find the said mobile phone; and (e) later than two months after having left the said mobile phone, F found the owner of the said mobile phone through G; and (e) delivered the said mobile phone to H working at the welfare center.