The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the part not guilty of the facts not guilty in the court below, it is sufficient to prove the facts charged as to the damage of property in light of the fact that the recording file was submitted at the court below but it was not confirmed as to whether it was recorded by the time of damage to the property claimed by the F, the circumstances in which the recording file was recorded by the J, the circumstances in which the Defendant’s statement was recorded, the background leading up to the reversal of the Defendant’s statement, etc.

Nevertheless, the judgment of the court below which acquitted the defendant on this part is erroneous.

B. The sentence of the lower court that is unfair in sentencing (a sum of KRW 300,00) is too unhued and unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts in a criminal trial should be based on the evidence of probative value, which makes it possible for a judge to have the authenticity of the facts charged to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

In addition, in light of the fact that the criminal appellate court has the character as a post-examination even after the fact, and the spirit of substantial direct trial as provided in the Criminal Procedure Act, there is a lack of evidence to exclude a reasonable doubt after the first instance court has gone through the examination of evidence such as the examination of witness.

In a case where a not-guilty verdict is found on the facts charged, if it does not reach the extent to which the reasonable doubt causing the first instance trial can be sufficiently resolved, even if the probability or question about some opposed facts may be raised as a result of the appellate trial’s examination.