The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor (misunderstanding of the facts), the facts charged in the instant case are fully found guilty that the Defendant occupied and enjoyed the right to benefit from the administrative property without permission despite being aware of the extinction of the right to benefit therefrom.

Nevertheless, the court below erred in finding the Defendant not guilty of the facts charged of this case on the ground that there is insufficient proof of intention by mistake of facts.

2. The burden of proving the existence of an intentional act, which is a subjective element of the crime prosecuted, is also imposed on the military prosecutor. The conviction should be based on evidence of probative value that leads the judge to believe that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the Defendants, it should be determined as the interests of the Defendants (see, e.g., Supreme Court Decision 2004Do74, May 14, 2004). According to the evidence duly adopted and examined by the court below, F (State) concluded the entrustment contract between the head of Seoul Special Metropolitan City C and the head of Seoul Special Metropolitan City around July 5, 2014 to August 4, 2016 with respect to E public parking lot as administrative property during the period from August 1, 2016 to August 25, 2015; F (State) concluded the entrustment contract with the Defendant from March 20, 2015 to August 25, 2015.

However, such circumstances cited by the lower judgment, in particular, it is difficult to readily conclude that an application for a disposition of interference with the Defendant, etc. filed against F (State) by the Gu Office, etc., with the following: (a) the Defendant paid a commission fee to a police officer on July 2015; (b) the background leading up to the submission of the letter by I was disputed; and (c) the submission of the letter was withdrawn; and (d) the application for a disposition of interference