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(영문) 서울북부지방법원 2017.06.27 2017노645
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is that the judgment of the court below which acquitted the defendant on the grounds of the defendant's legal statement made by the witness E who has difficulty in believing that the injured party could have recognized the criminal intent of damage to property even if considering the circumstance that the injured party requested the removal of the fluent rice so many times on the ground that the fluence of the fluent rice has violated his own site, but the injured party rejected the removal of the fluent rice, etc., and the

2. The lower court determined: (1) The victim was only a sound of removing the brick in this court, and the defendant did not directly witness the luminous light of removing the brick in this court.

(2) E, which directly performed the new construction of the Defendant’s housing, was removed by this Court without being instructed by the Defendant, and by its personal judgment.

In light of the fact that the prosecutor stated to the effect that “the Defendant had an intention to destroy” the evidence alone submitted by the prosecutor.

It is difficult to recognize

The judgment of innocence was pronounced.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the prosecutor, which affected the conclusion of the judgment.

Therefore, the prosecutor's assertion of mistake is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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