The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor in the record of the grounds for appeal, the Defendant repeatedly transferred approximately KRW 700 glusss of tree trees planted on the instant land, and it appears that the Defendant, who did not have expertise in planting trees, could have been aware of the fact that the tree roots could be damaged in the above process. Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case on a different premise, is erroneous in the misapprehension of facts.

2. On the grounds indicated in its reasoning, the lower court, based on the evidence presented by the prosecutor, found approximately KRW 700 glus on the instant land as indicated in the facts charged in the instant case.

In addition, the court below acquitted the defendant on the ground that it is not sufficient to recognize that the defendant had a criminal intent to commit property damage or damage. In addition to the prosecutor's argument in the grounds of appeal that "the defendant has caused the death of the defendant by putting in the land by cutting out saf trees" and that "the defendant has caused the death of the defendant by repeatedly cutting out saf trees," the court below's finding the defendant not guilty of the facts charged of this case is justified, and there is no error of law of mistake of facts, such as the prosecutor's assertion in the judgment below.

Therefore, the prosecutor's above assertion is not accepted.

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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, it shall be amended to delete the last 20th of the judgment of the court below in accordance with Article 25(1).