The prosecutor's appeal is dismissed.

1. It is recognized that the defendant stolen the victim's mobile phone in full view of the following: (a) the victim D consistently has kept the cell phone in the toilet transformation column; (b) the possibility of the loss of the mobile phone in another place is low; and (c) the fact that the defendant has two cellular phones in his/her hand in CCTV images and it is confirmed that the defendant has two cellular phones.

2. Examining the evidence duly adopted and examined by the lower court and, in particular, D, from January 28, 2018 to January 12:30, 2018, stated that the toilet change column had been installed at the lower court, and that D used a mobile phone at the time when the toilet change was made. However, according to D’s result of a mobile phone call, D only received a mobile phone from the day to November 11, 201, and did not use a mobile phone at the time when the toilet was used, and therefore, D cannot be readily concluded that D used a mobile phone change column, the lower court was acquitted of the facts charged on the grounds as stated in its reasoning, and it cannot be said that there was an error of mistake of facts alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.