The prosecutor's appeal is dismissed.

1. Summary of the facts charged and the judgment of the court below

A. On October 3, 2018, the Defendant: (a) at around 13:25, 2018, at the entrance of the C cafeteria located in the Cheongju-si, Cheongju-si, the Defendant stolen the Victim D’s market price equivalent to KRW 68,00 by reporting as one’s own.

B. The judgment of the court below held that the defendant's defense that denies the crime is somewhat doubtful, but it is hard to find reasons or motive to steal the victim's movement since the defendant exceeded the above restaurant (the defendant's ownership) and the defendant's movementization on the part of the defendant's report are white; the defendant's appearance is very similar to that of the lower part; the defendant's report can not be discovered that the size of the movementization between the report's report (the victim's ownership) is smaller than 5 to 10 meters due to drinking at the time; the defendant's report's appearance is smaller than 5 to 10 meters; and the defendant's report is without the same power; and the defendant's income is sufficient to lead a life according to his argument; and it is difficult to find the reason or motive to steal the victim's movementization as it is difficult to view that the size of the defendant's appearance has the effect on the defendant. Thus, the evidence submitted by the prosecutor alone alone is insufficient to recognize the facts of the crime of this case.

2. The court below found the Defendant not guilty of the facts charged in the instant case on the grounds of a vague presumption based on the Defendant’s vindication. However, in light of the fact that: (a) the Defendant was not guilty at the time, and the credibility of the statement, such as the reversal of statements from time to time, is considerably doubtful; and (b) the physicalization owned by the victim is relatively high, and the motive for theft is sufficient, the court below found the Defendant not guilty of the facts charged in the instant case on a different premise, notwithstanding the sufficiently recognizable facts charged.