The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of the legal principle), although the defendant could sufficiently recognize the fact that he stolen cash of KRW 400,000 owned by the victim as stated in the facts charged, the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion

2. Evidence that there is a criminal fact in the judgment criminal procedure shall be presented by the public prosecutor, and the same shall apply to the case where the change of the defendant is unreasonable and it is false;

Even if there is no evidence to establish such a degree of conviction, it is inevitable to determine the interest of the defendant even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). Examining the reasoning for innocence against the defendant in light of related evidence and records, the court below, on the grounds as stated in its reasoning, stolen KRW 40,000 in cash by the defendant.

evidence that there is insufficient evidence to determine

In light of the above, the decision of not guilty of the charged facts of this case is just, and there is no sufficient evidence to deem that the charged facts of this case merely goes beyond the suspicion of conviction and reached the degree of recognition of high probability. Thus, the prosecutor's above assertion

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