The prosecutor's appeal is dismissed.

1. In full view of the substance of the grounds for appeal, the lower court erred by misapprehending the facts and acquitted the Defendant, even though the lower court fully acknowledged the Defendant’s charge of larceny.

2. In light of the fact that the criminal appellate court has the nature as an ex post facto trial but also has the spirit of the principle of substantial direct examination under the Criminal Procedure Act, etc., in a case where the first instance court found the Defendant not guilty of the facts charged on the ground that there is insufficient evidence to exclude a reasonable doubt after undergoing the examination of evidence, such as a witness examination, if it does not reach the extent to sufficiently resolve the reasonable doubt raised by the first instance court as a result of the appellate court’s examination, such circumstance alone does not lead to an erroneous determination of facts in the first instance judgment that lack of proof of crime (see, e.g., Supreme Court Decision 2012Do14516, Apr. 28, 2016). Even if the court below’s detailed reasoning and evidence duly adopted and examined by the court below, even if it is acknowledged that the victim’s autopsy containing the victim’s ties, etc., including the victim’s body and the victim’s body out of the Kaf page, etc., it cannot be found that there is no reasonable evidence to view that the lower court’s reasonable judgment.

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.