beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the defendant is in de facto marital relationship with the victim C, and even if the defendant is jointly owned by the parties to the walsium, it is clear that walsium also is another person's property which is the object of larceny, and thus, bringing about walsium without the consent of the victim constitutes theft.
However, in the case of this case, considering the fact that the victim mainly takes witrus into account the wrusitrus in his/her own orchard and brought about the store operated by the defendant, and the victim made on November 8, 2017, which was before the occurrence of this case, the victim called "the end of the wrusation" to the defendant on November 8, 2017, it is reasonable to deem that the victim did not agree to bring about wrusitrus of the orchard on November 10, 2017, and that the victim could have sufficiently known that the victim would not consent to the act of bringing about wrusals as above in the situation of significant difference with the victim.
Therefore, the judgment of the court below which acquitted the defendant on the facts charged of this case that the defendant stolen the wals of the victim.
2. Determination
A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if 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 the defendant’s assertion or defense is inconsistent or unreasonable.
B. The lower court, based on the evidence duly admitted and examined, maintained a de facto marriage relationship between the Defendant and the victim from June 2015, and the victim mainly harvested wals from the orchard and operated by the Defendant.