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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2021.01.29 2020노355
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below that acquitted the defendant on the ground that the facts charged are recognized based on the evidence submitted by the prosecutor (misunderstanding of the facts) is erroneous in the misapprehension of facts.

2. The lower court stated in paragraph 3 of the judgment on the facts charged of this case in detail, and proved that the evidence submitted by the prosecutor alone proves that the Defendant intentionally damaged the damaged property owned by the victim without reasonable doubt.

In light of the records, a thorough examination of the evidence of this case has been made on the grounds that it is difficult to see that the above determination by the court below is just and acceptable, and there is an error of law by mistake of facts as pointed out by the prosecutor in the judgment below.

It is not recognized.

Therefore, prosecutor's assertion is without merit.

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.

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