The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal reveals that the Defendants: (a) at the time of the instant appeal, told the complainant that “the fireworks should not be extracted”; (b) but, at the time of the instant appeal, extracted from the complainant’s possession of 385,000 square meters of the market value of the complainant’s ownership at KRW 12,00 (hereinafter “the birth of this case”).

H, who is a director of the F Hospital funeral ceremony (hereinafter referred to as the "F Funeral ceremony hall") in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, has not made a specific statement that he would extract flowers from the Defendants.

In full view of the above facts, it is recognized that the defendants damaged the birth with intent to damage against the will of the owner of the birth of this case.

Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case that the lower court acquitted the Defendants of the charge is as follows: (a) on August 30, 2016, the second floor of the F funeral hall around 07:30 on August 30, 2016, the Defendants: (b) extracted all of the birth of the instant chemical that the complainant operating the fireworks took at the request of the exchange orderrs; and (c) laid down the plastic bag.

Accordingly, the Defendants jointly damaged the property of the complainant.

B. The lower court determined as to the assertion of mistake of fact, that the former head of F funeral ceremony generally obtained the right to dispose of flowerss, which are stuck from the residents, and based on this, the Defendants and the fireworks operators, including the Defendants, have been engaged in the removal of flowerss from the cremation.

may be seen.

2. H, who is a director of the F funeral hall, may face a problem in the trust of the funeral hall if he/she recycles in his/her cremation is recycled.

Therefore, resident residents have agreed to the effect that "to extract from the fireworks to prevent recycling of flowerss in general when entering the funeral hall."