The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant of the facts charged in this case, despite the recognition of the defendant's intention to steal or to acquire illegal facts, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. On May 27, 2017, at around C70:23, the Defendant, within the bus No. 3704 (hereinafter “the bus of this case”) around May 27, 2017 (hereinafter “the bus of this case”), brought about a theft of approximately KRW 1.50,00,00 in the market price where the victim D’s cash 30,000 won was damaged on the floor. (B) The lower court determined as follows: (i) the circumstances acknowledged by the evidence of this case; (ii) there is considerable time between the time when the Defendant acquired the instant wall and returned it; and (iii) the victim of the war of this case stated that there was no cash that had been returned before the instant wall was lost; (iv) there is no possibility that the Defendant brought money inside the instant bus of this case to the point of this case, and (v) there is no reasonable doubt as to whether the Defendant either intentionally obtained the instant wall or acquired the instant evidence, but there is no reasonable doubt as to whether the Defendant had obtained the aforementioned unlawful intent.

It is difficult to see

In view of the facts charged, the lower court acquitted the Defendant.

① At the time of the instant case, there were several witnesses, such as the Defendant and the victim, and all CCTV installed a light warning inside the bus have been recorded, the Defendant was working as an emergency rescue worker of a famous hotel and was living a stable life in the university due to attending the university as an instructor.