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The prosecutor's appeal is dismissed.
Reasons
1. As to the larceny of the facts charged in the instant case, the lower court found the Defendant guilty and sentenced the Defendant not guilty of a fine of KRW 800,00,000, and sentenced the Defendant not guilty of the damage to property, and the prosecutor appealed only to the portion not guilty.
Therefore, since the guilty portion of the judgment below is separated and finalized as both parties did not appeal, the scope of the judgment of this court is limited to the acquittal portion of the judgment below.
2. The summary of the grounds of appeal (as to the acquittal portion at the time of the original trial) stated that the victim D was replaced with the boiler room’s door locks on July 25, 2013. According to CCTV images at the time, the employees of the management company in receipt of the Defendant’s instructions were forced to open the boiler room and the replacement of the key of the inquiry. In light of the above, even though it can be recognized that the Defendant damaged the boiler door locks owned by the victim, the lower court acquitted the Defendant of this part of the charges, contrary to what is erroneous in the misapprehension of facts, thereby adversely affecting the conclusion of the judgment.
3. Determination
A. At around 00:51 on July 25, 2013, the Defendant: (a) removed, by force, the boiler door locks equivalent to KRW 40,00,00 in the market price owned by the victim D, in order to open the boiler room administered by the victim D on the second floor of the Cbuilding in Namyang-si, Namyang-si.
B. The lower court determined that: (a) at the lower court’s judgment, D had a water tank room with water tanks used for official use in the entire building on the 2nd underground floor of the instant building in the instant C building, and a boiler room with D’s E-Sa boiler; (b) the water tank room and boiler room stated that the boiler room and the boiler room were connected with each other, and (c) the boiler room and the boiler room were the boiler room and the boiler room respectively. (b) In addition, D had a water tank room and the boiler room separate entrance in the lower court’s court.