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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds of appeal by the victim’s statement, etc., the fact that the Defendant destroyed the 1st floor door door door door of the victim’s operation E can be acknowledged.
2. The direct evidence of the facts charged in the instant case lies in the victim’s statement at the trial court at the time of the victim’s statement that “the Defendant shouldered the door door of the first floor of the E-line.”
In that sense, the victim made a statement to the effect that "the defendant was unable to directly see the door string off with glass," and that there is no consistency in the statement (the 12th page of the evidence record). The witness witness F of the trial at the time sent to the scene stated to the effect that "the victim's statement on whether or not the defendant directly sent the door door door door stringed off (the 6-7th page of the record)" was "the victim's statement on whether or not he directly sent the door door stringed off." In light of the above, it is difficult to believe the part of the victim's statement as it is.
In addition, the aforementioned evidence, other than the above part of the statement made by the injured party, is merely a circumstantial evidence of the situation at the time, and it is insufficient to acknowledge that the facts charged in this case are proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge otherwise.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.