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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the defendant testified in detail as to the process of acquiring precious metals while making a confession of the facts charged in this case at the time when he was examined at the police, and that the defendant testified in the court of original instance that the confession of the defendant was not forced or gain gain, and on the other hand, the defendant's appeal against the process of acquiring precious metals in this case is difficult to believe it in light of the circumstances. Thus, the facts between the precious metal in this case lost by the victim's name can be acknowledged.
Nevertheless, the court below acquitted the Defendant of the facts charged of this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On February 20, 2014, around 15:00, the Defendant: (a) found 14k 1 points in the apartment corridor of the apartment that was lost by the victim, and embezzled 18k 1 points in an amount equivalent to 38,000 won in the market price, and 18k 18k 1 points in an amount equivalent to 38,000 won in the market price, without taking necessary procedures, such as returning the same to the victim, in which the number of buildings inside the 124-1 Kudong-dong 124-1, Changwon-si, Changwon-si was unknown; and (b) embezzled 11 points in the apartment corridor of the apartment that was lost by the victim.
B. The lower court rendered a judgment that acquitted the Defendant on the ground that the evidence duly admitted and investigated by the lower court was insufficient to prove the crime of this case, comprehensively taking account of the following facts and circumstances.
① It is recognized that the Defendant disposed of the instant precious metal in the metal bank, and the Defendant acquired the said precious metal at the date, time, and place indicated in the facts charged.
It is difficult to see that the group was lost.
(2) The precious metals of this case, which reach a hundred thousand won, shall be cut off from the apartment corridor.