The prosecutor's appeal is dismissed.

1. In full view of the evidence presented by the prosecutor in the grounds for appeal, the judgment of the court below that found the defendant not guilty on the ground that the defendant conspired with the accomplice C or other co-offenders sufficient evidence is erroneous in misconception of facts.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(See Supreme Court Decision 2010Do14487 Decided April 28, 201, etc.). Examining the evidence duly admitted and examined by the lower court in light of the aforementioned legal doctrine, the lower court’s determination of not guilty of the instant facts charged on the grounds that it is difficult to recognize that the evidence alone, submitted by the Prosecutor, was insufficient to recognize that the Defendant conspireded with C, etc. to use the instant phiphones and shared roles accordingly.

Therefore, the prosecutor's above assertion is without merit.

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