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(영문) 대전지방법원 2013.12.19 2013노1763
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could have damaged the television monitors of this case as shown in the facts charged, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misapprehension of the facts and affected the conclusion of the judgment.

Judgment

The court below ruled the defendant not guilty on the ground that there is no direct evidence corresponding to the facts charged in this case, and the repair engineer F who confirmed the site of this case can wear his hand at the court of the court below to remove television in the form of radiation. In light of the fact that the defendant intentionally broken the television monitor of this case, and there is no other evidence to prove the facts charged in this case. In light of the reasoning of the judgment of the court below in comparison with the records, the above judgment of the court below is just and it is hard to see that there is an error of mistake of facts as alleged in the grounds for appeal.

Therefore, prosecutor's assertion is without merit.

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.

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