The prosecutor's appeal is dismissed.

1. According to the statements of the victim D and witness E, the court below rejected the credibility of each of the above evidences and acquitted the defendant, despite the fact that the defendant stolen at the night owned by the victim, and found the defendant not guilty.

2. Determination:

A. Around September 17, 2013, the Defendant: (a) around 18:00 on September 17, 2013, at the night farm of the victim D located in Gongju-si; (b) brought about a theft of the victim’s c,00 won at the victim’s market at the victim’s night farm in Gongju-si.

B. The lower court rendered a not guilty verdict on the facts charged of the instant case on the grounds that it is difficult to believe that the Defendant committed the same crime as the facts charged of the instant case in light of the witness D’s legal statement, the police protocol against D’s police statement, the relation between D and D, the background and content of D’s complaint, the contents of each of the above evidence, and the attitude when D witness witness, etc., and the remaining evidence including the witness E’s legal statement and the police protocol against E are insufficient to recognize the facts charged of the instant case, and there is no other evidence to acknowledge it.

C. 1) In a criminal proceeding, the evidence that there is a criminal fact must be presented by the prosecutor, even if the defendant's appeal is unreasonable and the defendant's appeal is false, so that it cannot be disadvantageous to the defendant, and the criminal facts should be proven by a judge with high probability to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is inevitable to determine the defendant's interest as the defendant's interest even if there is a suspicion of guilt (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007).