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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although the defendant could fully recognize the fact that the defendant brought the victim's limited signboards with the intent of unlawful acquisition, which is erroneous in the misapprehension of facts.
2. Determination
A. On July 16, 2016, around 09:00, at the entrance of the 5th commercial building of the instant commercial building, the Defendant: (a) removed the ED signboard (breadth 48cm x vertical length 258cm) at the victim D’s market price equivalent to KRW 300,000, which was installed at the entrance of the 5th commercial building of the C apartment of 19:00, 2016; (b) by using the dry
B. The lower court’s judgment on the premise that the part on which the Defendant’s statement was written in the police interrogation protocol and the voluntary accompanying report regarding the Defendant, which seems consistent with the facts charged, is inadmissible, and the following circumstances, i.e., the following circumstances acknowledged by considering the evidence admitted as admissible:
In full view of the fact that the E company did not remove the signboard in the course of leaving the signboard, the return of the deposit was delayed; the victim's signboard was installed on the E-mail; ② in the management office of a commercial building, the victim's signboard was askeding the Defendant to suffer a serious accident in the above dispute; ③ immediately after the instant case, the J, a corporation managing the commercial building, around July 18, 2016, resolved the original restoration and returned the deposit to E., the Defendant temporarily removed the signboard to solve the problem of return of the deposit; and the evidence submitted by the Prosecutor alone proves that there was no reasonable doubt as to the Defendant's intent to obtain unjust acquisition.
On the ground that it is difficult to see it, the lower court acquitted the instant charges.
(c)
judgment of the court.