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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding) ① the fact-finding vehicle at the scene of the crime of this case, the suspension of the Defendant’s blood trace was discovered from the right side of the damaged vehicle at the scene of the crime of this case; ② the opening of the door by asking the Defendant’s blood trace; ② the Defendant’s alteration that the suspension was laid down on the floor of the road after cutting off the skin due to the brush, is not persuasive; ③ the Defendant’s power has the same kind of power, and all other circumstances can be fully acknowledged.
Although the court below is not guilty, there is an error of mistake of mistake in finding facts.
2. Determination
A. At around 23:30 on May 31, 2007, the Defendant: (a) discovered the amount of a 'D' car car parked at the parking lot in Suwon-si, Suwon-si; (b) destroyed and damaged the 'D' car by breaking the c,500,000 won in cash owned by the victim E, and (c) cut off the 'G' owned by the victim E, who continued to park in the above time and place; (d) discovered the amount of car car and discovered the 'G’ car volume, and then cut off the cash amounting to KRW 3,525,000 owned by the victim F, who was parked on the c,00,000 in cash owned by the victim F, which was destroyed by the above method and destroyed the c,525,000 won in the c, totaled three times.
B. According to the evidence duly adopted and examined by the lower court, the fact that the suspension of the Defendant’s blood trace was far away from the location of the instant crime, and the Defendant was subject to the suspension of indictment on August 16, 2010 due to larceny, and the fact that the Defendant was guilty of summary charge of a fine of KRW 1 million on August 26, 201 is recognized.
However, the following circumstances are as follows, namely, ① the place where the instant crime was committed is where people frequent, and the Defendant was living in the vicinity of the place where the instant crime was committed (see, e.g., the airline career, etc. in the trial record) and ② The Defendant’s statement made by the Defendant and the Defendant’s mother K.