The prosecutor's appeal is dismissed.

1. The judgment of the court below is erroneous in misapprehending the legal principles on the grounds of appeal, since the defendant had a thief intention.

2. Determination

A. The court below ruled that ① the Defendant was under the influence of alcohol at the time of the instant case, ② the Defendant or the Defendant, or the Defendant or the Defendant’s day phone was received in order for the victim E who lost the Handphone to search for it, ③ the Defendant or the Defendant’s day phone to the victims, saying, “The Defendant or the Defendant or the Defendant’s day phone will return the hand phone to the victim at the end of 401 in the future where the taxi fee is reduced.” ④ When the victims were at the same time with the police officer, the Defendant’s day phone and taxi fee was used by the victims. ⑤ The Defendant and the Defendant and the Defendant (G and H) did not have any history of larceny crime, and it is difficult to find the motive for the victims to steal the handphone, and thus, it is difficult to find the Defendant not guilty on the ground that the Defendant could not have known that he or the victims had taken part of the victims under the influence of alcohol and caused the victims to have taken part, and thus, it is difficult to find the Defendant not guilty on the ground of larceny.

B. Examining the reasoning of the judgment below in light of the records, the above fact-finding and judgment of the court below are just and there is no error of law as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.