The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the defendant could have found the fact that the defendant removed and destroyed stone as stated in the facts charged in this case, and on a different premise.

2. Determination

A. On November 2, 2015, the Defendant: (a) around 09:00 on both sides of the instant facts charged; (b) performed construction works to set up a house in the land adjacent to the victim F’s detached house owned by the Defendant; and (c) removed and damaged a stone shed worth KRW 30 million at the market price of the victim’s land, which was stored in the boundary area of the victim’s land by using the refratator, using the refratator to set up the house.

B. The court below held that the following circumstances acknowledged by the records of this case, i.e., (1) the complainant was responsible for the defendant, the owner of the building, and that the defendant was not aware of whether he instructed the field manager to remove the tin axis at the time of this case; (2) G made a statement in the court of the court below to the effect that the police, upon the request of the defendant for construction from the owner of the building, the defendant deducted the tin axis in accordance with the tincing, which the defendant was at the request of the owner of the building; (3) in addition, H who instructed work at the construction site of this case, was present at the court of the court of the court below and made a statement to the effect that he was not the defendant at the time of the construction; and (4) He did not know that he was the owner of the building at the time of the construction; (5) while conducting a survey at the construction site of this case, he was ordered to remove the tin, and he was directly under the direction of the head of the building site before the above direction.