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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor to misunderstand the facts (abrupt), in particular the victim G statements and CCTV images, etc., the judgment of the court below which acquitted the Defendant of this part of the facts charged, even though it can sufficiently be recognized that the Defendant stolen a total of 100,000 won of equipment, such as coffee, etc., within the victim’s management framework, is erroneous in the misapprehension of facts, which affected
B. The sentence that the court below rendered unfair sentencing (six months of imprisonment) is too unfortunate and unfair.
2. Determination
A. We examine the judgment of the court below as to the assertion of mistake of facts. The court below found the defendant not guilty as to this part of the facts charged on the ground of the above circumstances, as seen in the above, from No. 11 to No. 6 of the judgment No. 4 of the court below's 11 to No. 4 of the judgment. The judgment of the court below is just, and it is erroneous in the misapprehension of facts alleged by the prosecutor.
It shall not be readily concluded.
B. We examined the judgment on the unfair argument of sentencing, and the court below made the above sentence against the defendant on the grounds as stated in its reasoning. The crime of this case was committed by the defendant, who driven a motor vehicle under the influence of alcohol, caused a traffic accident by negligence in violation of the signal and resulting in an injury requiring 11 week medical treatment for the victim, and thus, in light of the substance of the negligence and the gravity of the result of the damage, etc., the crime was not committed until now, and the defendant did not receive any remedy from the injured party, and the defendant escaped during the trial at the court below, and all the sentencing conditions stated in the records of this case such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are considered to have been determined in full consideration of all the sentencing conditions stated in the judgment of the court below.