재물손괴
The prosecutor's appeal is dismissed.
1. Although the intent to destroy and damage property was recognized to the defendant, the lower court erred by misapprehending the facts of the instant facts charged, since the lower court acquitted the defendant.
2. The lower court found the Defendant not guilty on the ground that it is difficult to view that there was no reasonable doubt as to the fact that the Defendant, as stated in the facts charged, destroyed the instant vehicle, or intentionally damaged the property, as stated in the prosecutor’s evidence alone.
In a thorough examination of the evidence of this case in light of the records, the above determination by the court below is just and it does not seem that there was an error of mistake of facts as pointed out by the prosecutor in the judgment below.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.