The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment, on the ground that the defendant's cell phone damage and the criminal intent of the defendant are sufficiently recognized.

2. The Defendant, around November 17, 2012, destroyed the part of the charge amounting to approximately KRW 403,00,00 in the cost of repair by forcibly cutting the cell phone cited by the Defendant on his hand in order to report the assault at the home flus underground store located in Kimpo-dong, Kimpo-si, Kimpo-si, Kimpo-si.

3. According to the evidence examination conducted in this court, at around 15:40 on November 17, 2012, the date and time indicated in the facts charged, the Defendant sent the victim’s mobile phone (LG options model to the left hand by force) at the location indicated in the facts charged, and returned the victim’s mobile phone to the end that the supplementary personnel return the phone, discovered that the victim who was returned the mobile phone does not work, and entrusted the repair to the repair center. The mobile phone was broken by a limited line, and was damaged by the main body, and the mobile phone was found to have been used by the police station around 20 on November 26, 2012. The fact that the victim was found to have been 20 on October 26, 2012, and the victim was found to have been 10 on March 21, 2015, and the victim was not found to have been 20 on May 26, 2012.

According to the above facts, the date and time stated in the facts charged, such as the victim's assertion.