재물손괴
The prosecutor's appeal is dismissed.
1. The court below found the Defendant not guilty of the facts charged of this case, contrary to the misapprehension of the legal principles as to the grounds for excluding mistake of facts or illegality, even though the Defendant’s act of installing the water network ought to be deemed as the exercise of legitimate property rights, and the Defendant merely removed the water network on the ground that it interferes with one’s illegal riding training center’s project, and cannot be deemed as falling under an emergency escape or legitimate act.
2. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's finding the defendant not guilty of the facts charged in this case on the grounds as stated in its reasoning is just and acceptable, and there are errors in the misapprehension of facts alleged by the prosecutor.
subsection (b) of this section.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.