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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of the grounds for appeal;
A. As the Defendant thought that the electric power distribution team, singing, and siren was an object owned by the Defendant and brought about to E under the legal interest of the Defendant, the lower court convicted the Defendant of this part of the facts charged, although the Defendant did not have any intention to destroy and damage property. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. In full view of the fact that the prosecutor E brought electricity studs, taps, and studs to complete the building, and was in custody of the power distribution team that was removed from the building upon the Defendant’s instruction, the court below acquitted the Defendant of the facts charged in relation to the electrical studs, water studs, and studs, although it was recognized that the Defendant installed the electric studs, water studs, and studs, and ordered E to take them out, the court below acquitted him of the facts charged in relation to the electrical studs, water st
2. Determination
A. If the successful bidder in the auction procedure pays the successful bid price, regardless of whether the successful bidder is registered, the object of auction shall be owned by the successful bidder, and the ownership of the accessory which constitutes the constituent part of the object of auction or contributes to the commercial use of the object of auction shall also be transferred to the successful bidder in the auction procedure.
The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the building of this case was used as a youth hostel at the time when the defendant establishes electric distribution board, pressing, and siren; ② the victim F paid the successful bid price on September 14, 2009 after the successful bid of the building of this case; ③ the victim started delivery execution of the building of this case; ③ the victim started delivery execution; E is the victim.