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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is that larceny of larceny of a criminal defendant immediately commits a crime, citing the criminal defendant's sacrife or sa, thereby immediately causing the criminal defendant's sashion, and 400,000 won in cash, at the time
In light of the fact that the defendant consistently stated, if he/she intends to return a wall, he/she would be entrusted with the return of the wall, but the defendant's intention to illegally obtain the wall will also be recognized.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The lower court determined that “The Defendant, according to each evidence submitted to the lower court, was only found to have found the victim’s wallet and put it in the mail box intending to return, and otherwise, the Defendant was on the wallet or wallet.
400,000 won theft
For the reason that there is no evidence to determine whether there is a cash amount of 400,000 won in the above paper A, the Defendant was acquitted of the facts charged.
Examining the above judgment of the court below closely after comparison with the records, the defendant was unable to wear the her son on November 21, 2015 on the same day after about 22:19 minutes from the date and time of committing the crime, which was about 10 minutes after the date and time of committing the crime.
The Defendant presented the Kakao Stockholm message stating that the inside of the police station ought to go through the police station, and that the Kakao Kakao message was presented to the Defendant, stating that the Mao Kakao was included in the post office, “the Mao Kao Stockholm message was confirmed at the time of interrogation of the police by the Defendant.” (See Article 32, 33 of the trial record, the police officer confirmed the above Kakao Stockholm message by the Defendant’s assertion at the time of interrogation of the police station, and the record of evidence No. 25 of the trial record), ② except KRW 400,000 won in cash claimed by the Defendant, was put in the post office with the victim’s credit card and driver’s license, and then delivered it to the police station by acquiring the above Ka.