The prosecutor's appeal is dismissed.

1. In full view of the evidence presented by the prosecutor of the gist of the grounds for appeal, although there is no direct evidence about the defendant's theft of the victim's handphone, the court below found the defendant not guilty on the grounds that there was no proof of crime as to the facts charged of this case, it erred by misapprehending the fact that the court below acquitted the defendant on the ground that there was no proof of crime on the facts charged of this case, even though it is sufficiently recognized that the defendant made a theft of the victim's handphone with the victim, the defendant was entering a mobile phone agency, the defendant was in a part not operating properly, and the victim was lost and delayed due to the loss and delay of the time.

2. Determination

A. The lower court found the Defendant not guilty on the ground that each of the statements in the victim D and friendly G investigation agencies and the lower court’s court’s trials entered the Defendant to have a Handphone with the Defendant, and that the Defendant and the Handphone became dead, but it is not sufficient to directly admit the Defendant as evidence that the Defendant committed a crime like the facts charged, and there is no other evidence.

B. In a criminal trial for a trial for a trial of a political party, the recognition of facts constituting an offense ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to the prosecutor’s above conviction, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

Supreme Court Decision 200