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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the court below which acquitted the defendant, on September 28, 201, could have found that the defendant brought 13 meters of the e-owned market value of the victim E and 15 parts of the e-owned market, were stolen, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
2. The judgment below held that ① cigarette butts, where the same DNA as the Defendant’s DNA was detected, were found at the scene of crime, not at the scene of the crime, but at the place presumed to have been escape of the offender; ② the investigation agency presumed the camping mountain behind the construction site where the crime of this case was committed to be the escape of the offender was discovered, and ② the investigation agency presumed the camping mountain to be the escape of the offender was at the site of construction site, and there was an objective evidence on the place where the cigarette butts were discovered, i.e., the place where the escape was presumed to have been discovered, and objective data on the place where the cigarette butts were discovered, i.e., the scene pictures of the place where the cigarette butts were discovered, and the scene pictures of the place where the cigarette butts were discovered are not submitted as evidence, and ③ there was no evidence on how much away from the scene of the crime of this case, and ③ there was no evidence on the Defendant’s having taken place near the scene of the crime of this case.
In full view of the fact that: (a) it is difficult to readily conclude that the Defendant’s statement was false, or that there was a history of committing a crime under a similar manual, not direct evidence as to the facts charged in the instant case; and (b) the evidence submitted by the Prosecutor alone proves that the facts charged in the instant case is beyond reasonable doubt.
For the reasons that it is difficult to see that the defendant was acquitted.
A thorough examination of the judgment of the court below compared with the evidence records.