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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the fact-finding that the Defendant, who argued the misunderstanding of fact, was strongly shaking of the victim’s body, and the length of the inside and outside of the family registry is longer visible, the Defendant could have recognized that the Defendant was inside the victim’s family registry at the time of assaulting the victim, and even though the Defendant knew that the safety might be damaged, the Defendant was damaged by harming the victim’s body by harming the victim’s safety, and thus, the Defendant’s willful negligence on the damage of property is recognized.
Therefore, the court below erred by erroneous determination that the defendant did not have any intention to damage.
B. In light of the fact that the defendant repeatedly assaulted the victim and the victim strongly wants to punish the defendant, the sentence that the court below sentenced the defendant is too unguilty and unfair.
2. Determination
A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that the Defendant cannot be found guilty of the damage to property.
Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor proves that the defendant's intentional damage to property is beyond reasonable doubt.
As such, the judgment of the court below shall be transferred, and there is no error of law by mistake of facts as alleged in the grounds of appeal.
B. Taking into account the circumstances asserted by the prosecutor on the grounds of appeal, considering the following factors: (a) the Defendant’s age, family relation, sex, career, environment, the process and consequence of the crime, circumstances after the crime, and criminal experience; and (b) the conditions for sentencing as indicated in the instant records and arguments, the lower court’s punishment is too unjustifiable and unreasonable.
3. Conclusion, prosecutor.