The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which rejected the credibility of the victim's statement while it is obvious that the surface poor discovered in the defendant's room for mistake of facts and misapprehension of legal principles is the ownership of the victim, and acquitted the thief, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and one year of suspended execution) is too uneased and unreasonable.

2. Determination

A. There is no indication on the ground of mistake of facts and misapprehension of legal principles that the water surface of this case is owned by the victim, such as the court below's reasoning.

With respect to the circumstances in which the victim was aware of theft damage, the investigative agency stated that the victim no longer fell into her own waters, or that one of them was stolen by the defendant. However, there are 10 waters in the court of original instance, and there are no other nine waters in the court of original instance, opening the clothes used by the defendant in the presence of the police.

'Written Statement'.

As above, it is difficult to believe that a victim’s statement does not coincide with the victim’s investigative agency and court.

In full view of these circumstances, it is difficult to view that the evidence submitted by the prosecutor alone proves that the facts charged on the larceny was proven without any reasonable doubt.

Therefore, the judgment of the court below that acquitted the facts charged is just, and there is no error of law by misunderstanding of facts or legal principles which affected the judgment.

B. It is reasonable to respect the allegation of unfair sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

In light of the fact that the degree of obstruction of performance of official duties is not easy, but the victim of the obstruction of official duties and special violence does not want to punish the defendant, and the defendant does not have any criminal record other than a fine, the sentence of the court below is too too.