The prosecutor's appeal is dismissed.

1. The court below erred by misapprehending the fact that it was difficult to deem that the Defendant had the removal business entity remove the air conditioners of this case, on the grounds that the Defendant had acknowledged that “the victim renounced the ownership of the air conditioners of this case,” the Defendant cannot be deemed to have committed a crime of causing property damage.

2. According to the evidence duly admitted and examined by the lower court and the lower court, the following circumstances can be acknowledged.

① The victim leased part of the building owned by the Defendant and operated the “D” restaurant along with his father, who is his father, and installed and used the instant air conditioner.

After the expiration of the lease term, the victim lost the claim for extradition filed by the defendant, and delivered the above restaurant to the defendant between January 2, 2013 and January 2, 2013. However, the air conditioner, the table table, the chair, etc. in this case were still left in the above restaurant.

② The victim’s legal statement at the court below and the court court’s oral statement at the court below were delivered to the Defendant, and “The victim asked to keep the instant air conditioner between the parties until he/she seeks a place to operate a restaurant at another place,” and obtained the Defendant’s consent.”

However, the lease contract of the above restaurant is that the lessee bears the duty of restoration upon the termination of the lease, and the monthly rent of the above restaurant reaches KRW 15 million.

In addition, even according to the statement of the victim and J, the time when the defendant delivered the above restaurant to the defendant is the policeman on January 2013 or February 2013. The date and time of the crime stated in the facts charged of this case was at least three months after May 20, 2013, and the defendant entered into a lease agreement with other persons on the above restaurant as of April 26, 2013.

(No. 1). Meanwhile, the Defendant paid public charges, such as electricity, water, and gas charges, on the part of the above restaurant that the victim did not pay.

(20-25 pages). (3) Victims and J.