The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, even though the defendant sufficiently recognized the criminal intent of larceny, the judgment of the court below that the defendant had a criminal intent of larceny cannot be determined otherwise, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The Defendant in the instant facts charged is a person who engages in historical commercial activities in Jinju City C.

At around 17:50 on May 12, 2013, the Defendant: (a) completed the work of grassing in the neighboring village by the victim F in Jinju-si D (hereinafter “instant restaurant”); (b) carried about about 400,000 won a towing machine (hereinafter “the instant towing machine”) at around 400,000 won; and (c) stolen the instant towing machine on the offline of the G 1 ton cargo vehicle he/she operates using the cresh of drinking alcohol in the instant restaurant.

B. The lower court rendered a judgment on the ground that it cannot be readily concluded that the Defendant had a criminal intent for larceny on the sole basis of the evidence submitted by the prosecutor alone, which the owner of the instant towing machine, who had been placed in a place where the Defendant thrown away garbage, could not be ruled out that the owner of the instant towing machine was aware of the fact that he had renounced ownership and neglected ownership

C. According to the evidence duly admitted and examined by the court below, the circumstances revealed by the court below are all acknowledged, and the above circumstances are the following circumstances, namely, ① the statements of the victim’s investigative agency, which are relatively new products, and the victim’s legal statement that the place where the beginning of the instant preliminary stage was left is not contrary to the victim’s disposal of recycled products and garbage, and thus, it is not deemed that the credibility of the victim’s legal statement in the court below is insufficient. ② Even if the starting of the instant preliminary stage is relatively new products and the starting of the instant preliminary stage was the deaf at the time, the victim’s instant preliminary stage was set up.