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(영문) 의정부지방법원 2014.10.24 2014노873
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to C’s statement, etc. of the gist of the grounds for appeal, at the time when the Defendant moved a container and a vinyl house as stated in the facts charged, he was aware that the owner is F.

The judgment of the court below which acquitted the charged facts of this case is erroneous in the misconception of facts.

2. Based on the evidence duly adopted and investigated by the court below on the facts charged of this case, the court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone for the reasons stated in its reasoning alone is insufficient to recognize that the owner was F in the time when the defendant moved the container of this case and the vinyl, and it is reasonable to deem the defendant as having legitimate authority to move the container of this case and the vinyl, and therefore, it cannot be deemed that the defendant had the intention to destroy another's property without authority, and therefore, the facts charged of this case constitutes a case where there is no proof of a crime.

If the records of this case and the reasoning of the judgment of the court below are closely compared, the above judgment of the court below is acceptable, and even after examining the grounds for appeal asserted by the prosecutor, it is judged that there is no error of mistake of facts.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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