The prosecutor's appeal is dismissed.

1. Although the court below acquitted the defendant as to this part of the facts charged, although it can be sufficiently recognized that the statement of the victim made by the investigative agency was damaged and damaged as evidence after the crime was committed, the court below erred in the misapprehension of facts which affected the conclusion of the judgment.

2. The lower court rendered a not guilty verdict on the facts charged of the instant property damage, while sufficiently explaining the grounds for the determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone presented by the prosecutor cannot be deemed as having proved beyond a reasonable doubt, and thus, the court below did not err in misconception of facts, as alleged by the prosecutor, against the same purport.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.