The prosecutor's appeal is dismissed.

1. The summary of the reasons for appeal has been carried out by the Defendant without being assigned to the restaurant's principal owner the cell phone on the side table of the restaurant.

In ordinary restaurants, it is a common behavior to inform the principal of the restaurant and to leave it in case of discovering a mobile phone between other persons.

In addition, even though the victim was made a phone call with the defendant several times, the defendant did not receive a reward, sent a letter to give a honorarium, and the defendant was sent to the victim after the occurrence of the incident.

Comprehensively taking account of these circumstances, the Defendant had the victim’s intent to obtain unlawful acquisition of mobile phones.

I would like to say.

Nevertheless, the court below erred by misapprehending the facts, thereby making a mistake of not guilty of the facts charged in this case.

2. The facts constituting the elements of the offense charged in a judgment and the burden of proof lies on the prosecutor, whether it is subjective or objective.

The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination ought to be based on the benefit of the defendant even if there is a doubt of guilt.

Comprehensively taking into account all the facts and circumstances presented by the lower court in light of the aforementioned legal doctrine, even if the evidence presented by the prosecutor was fully considered, the Defendant cited mobile phones for the purpose of returning to the victim E, and the Defendant did not receive the victim’s phone several times due to the circumstances alleged by the Defendant, and it is difficult to eliminate the possibility of having met the victim, and otherwise, the victim is a victim.