The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal, the court below acquitted the defendant, although the defendant could have committed a theft with the victim's hand with the victim's intent of unlawful acquisition, the court below found the defendant not guilty. The court below erred by misunderstanding of facts and misunderstanding of legal principles which affected the conclusion of the judgment.

2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.). B.

Based on these legal principles, the court below ruled that it is difficult to view that the defendant was found not guilty of the defendant, considering the following: the defendant first visited YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

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 ordered as per Disposition.