The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor to the summary of the grounds for appeal, even if the facts charged in the instant case are fully convicted, the lower court erred by misapprehending the facts and thereby acquitted the Defendant.

2. Judgment on the grounds for appeal

A. The lower court determined that the instant facts charged was proven beyond a reasonable doubt on the ground that the evidence presented by the prosecutor was based on the following circumstances admitted by the evidence adopted by the lower court.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

1) The Defendant consistently denies the fact of crime from an investigative agency to the lower court’s court.

2) On March 31, 2016, the instant convenience store’s sales details from around 22:0 to 23:00 of goods, “A” tobacco sales details, “A” alone, did not contain any details of sales.

3) The head office of the instant convenience store is conducting a quarterly inventory of the instant convenience store, and on June 13, 2016, the actual inventory of tobacco “as a result of the inventory inspection conducted on June 13, 2016,” corresponds to the inventory quantity on the account book.

4) “E” in the court below’s decision that only changed the remaining money from the convenience store of this case and used the toilet.

On March 31, 2016, the statement was made to the effect that “E purchased tobacco at a convenience store of 2-3 military convenience stores.” The possibility that E used only toilets at the convenience store of this case cannot be ruled out, and E purchased tobacco at the convenience store of this case at the convenience store of this case.

It is difficult to readily conclude.

5) The four CCTVs installed at the instant convenience store are mostly stiff inside the instant convenience store and the warehouse, including the calculating stand of the instant convenience store and the tobacco display stand. The police conducted a survey of the above CCTV images on April 1, 2016, but the Defendant did not submit the biffes or fes in the toilet.

6) A corridor with a toilet and an outer entrance, if taken place through the warehouse door of the instant convenience store.