The prosecutor's appeal is dismissed.

According to the summary of the grounds for appeal (the fact-finding) the evidence submitted by the prosecutor, it is recognized that the defendant damaged the victim's cell phone.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

Judgment

The lower court acquitted the Defendant of the instant charges on the ground that it is difficult to believe that the statements made by the victim are not consistent, and it is insufficient to recognize that the Defendant destroyed the victim’s mobile phone by only the seized victim’s mobile phone and its photographs, and that there is no other evidence to acknowledge it.

In light of the records of this case, the above judgment of the court below is just and acceptable even if the reasoning of the judgment of the court below is re-written, and there is no error of law that affected the conclusion of the judgment as alleged by the prosecutor.

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 as it is without merit. It is so decided as per Disposition.