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The prosecutor's appeal is dismissed.
Reasons
1. The grounds for appeal (misunderstanding of facts) victim E has consistently stated the date, time, place, and damaged items in an investigative agency and a court. According to the relationship between the Defendant and the victim and the CCTV image, the Defendant’s charges of destroying and thefting the victim’s goods are recognized, the lower court erred by misapprehending the facts and acquitted the Defendant.
2. Examining the evidence duly admitted and examined by the lower court in light of the record, closely, based on the determination of evidence as indicated in the lower judgment, the lower court did not have any one story to the victim E on the loss of the attachment of documents, and confirmed the crime on July 8, 2016.
While filing a complaint at around December 4, 2016, it is not formally understood, so it is difficult to recognize the credibility of the statement, along with the judgment that it is difficult to recognize the credibility of the statement, and with the remaining evidence submitted by the prosecutor alone, that the Defendant stolen or damaged damaged goods as stated in the facts charged.
In the purport that it is insufficient to recognize the facts charged in this case, the court below's decision that the defendant was not guilty is just and acceptable, and since no new evidence corresponding to the facts charged in this case was submitted in the trial, there was an error of mistake of facts as alleged by the prosecutor in the judgment of the court below.
It does not seem that it does not appear.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.