The prosecutor's appeal is dismissed.

1. At the time of the instant case, the Defendant brought the instant medical device without the consent of G Hospital affiliated with the medical corporation F (hereinafter “instant medical foundation”), the victim of which was the victim, in order to secure the company’s claim that his child was the representative director. At the time of the instant case, the Defendant had an intention to illegally obtain the medical device.

2. On December 26, 2013, the lower court found the Defendant guilty of the instant medical device on the grounds that it was insufficient to recognize that the Defendant had an intent to illegally obtain the instant medical device, and there was no other evidence to acknowledge it, in light of the record, on the following grounds: (a) the Korea Electric Power Corporation notified that the instant medical device would break down to the G Hospital affiliated with the instant Medical Foundation; (b) around that time, the hospital discharged all patients; and (c) the instant medical device could not be stolen because security equipment within the G Hospital was not operated if the electricity was broken down; (d) the Defendant ordered the instant medical device to move to H et al., the head of the management division, as the above hospital management director affiliated with the instant Medical Foundation, in order to prevent the theft of the instant medical device; and (e) H et al. transferred the instant medical device to the office of the instant Medical Foundation; and (e) the place was the office of the instant medical foundation at a distance of 30 to 40 meters as ordered by the Defendant.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.