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The prosecutor's appeal is dismissed.
Reasons
1. As to the larceny of the instant facts charged around October 19, 2017 among the facts charged in the instant case, according to the evidence submitted by the prosecutor, the Defendant can be found to have stolen the cargo vehicle as shown in this part of the facts charged.
Nevertheless, the court below rendered not guilty of this part of the facts charged and erred in mistake of facts.
2. On October 19, 2017, the lower court, on the grounds indicated in its reasoning, determined that it is difficult to view that the charge that the Defendant committed a theft by driving a cargo vehicle owned by the victim AR on or around October 19, 2017 was proven without reasonable doubt, and found the Defendant not guilty of this part of the charges.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below along with the circumstances revealed in detail, i.e., (i) it is difficult to determine the same person between the human body stamped in CCTV images according to the results of appraisal by the National Science Investigation Agency at the court below, and (ii) it is difficult to recognize that the facts charged in this case were sufficiently proven without reasonable doubt, solely based on the evidence submitted by the prosecutor, of the evidence presented by the prosecutor, that the check card in the name of the defendant was used only in the previous week from October 13, 2017 to October 24, 2017. (iii) If the defendant attempted to conceal this part of the crime, then it appears that the work uniform incurred at the time of the crime was destroyed if the defendant attempted to conceal this part of the crime, and that only the name tag attached appears to have been removed.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.