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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the following, the gist of the grounds for appeal (misunderstanding of the facts) reveals that the Defendant acquired the cell phone of a person who was not killed in the name, and embezzled the fact sufficiently, taking into account the following: (a) the Kakao Stockholm content sent and received by the Defendant with stolen goods buyer; (b) the Defendant’s statement was inconsistent; and (c)
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On May 9, 2014, the Defendant: (a) obtained one gallon lue S4 mobile phone from a bus boarding Gangnam-gu Seoul, which was lost; (b) did not take necessary procedures to return it to the victim; and (c) embezzled the Defendant’s thought that he/she had to have.
B. The lower court determined that the Defendant was aware of the market price of S4 mobile phones at the time of gallon galloning on the Internet by reporting the purchase advertisement of the phone on the part of the Defendant, which seems to correspond to the facts charged of the instant case (the investigation record No. 6 pages of the investigation record), and that the Defendant was aware of the market price by viewing that the mobile phone owned by friendly-gu and friendly-gu was lost. Accordingly, the Defendant was aware of the market price by deeming that the mobile phone owned by friendly-gu and friendly-gu was lost.
As asserted, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant acquired the aforementioned mobile phone at the time and place stated in the facts charged, beyond the above facts charged, and that the group was lost, and on the ground that there is no other evidence to acknowledge it, the facts charged in the instant case constitute a case where there is no evidence of crime and thus, it was acquitted.
(c)
The evidence of criminal facts should be presented by the prosecutor in the criminal procedure of the judgment of the court, and the defendant does not have to be forced to make a statement unfavorable to himself.