The prosecutor's appeal is dismissed.

The gist of the grounds for appeal is as follows, although the facts charged in this case were found guilty, the lower court determined that the Defendant was acquitted by mistake of facts.

The defendant did not need to receive hospitalized treatment.

In order to operate a taxi for personal use, gas was filled.

Judgment

On March 1, 2017, the lower court charged gas of KRW 25,036 on March 1, 2017 to the circumstances as determined by the evidence duly examined by the lower court or known by the lower court and for the same month.

3. The same month as the defendant if he/she re-charges gas of 23,519 won at around 17:47.

3. In addition to the facts that can be seen as the fact that the defendant operated a taxi after discharge and operated the taxi, the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there was no reasonable doubt that the defendant charged gas for personal use with the purpose of operating a taxi.

The prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is groundless.