The judgment below

The acquittal portion shall be reversed.

The sentence of sentence against the defendant shall be suspended.

[Judgment on the Grounds for Appeal] The lower court’s judgment on July 17, 2012 among the facts charged in the instant case seems to be guilty, and on July 15, 2012, the lower court’s judgment on July 2, 2012 appears to be erroneous.

On July 20, 2012, each of the damage was pronounced not guilty.

In this regard, the prosecutor only appealed the part of the acquittal, and the part of the conviction which was not appealed by both parties is separated by the appeal period. Thus, the scope of the judgment of this court is limited to the part of the acquittal.

In full view of the evidence submitted by the prosecutor as to the summary of the grounds for appeal (misunderstanding of facts as to the acquittal portion), the court below acquitted the defendant on the grounds that there is insufficient evidence to prove that each damage was inflicted on July 15, 2012 and July 20, 2012 among the facts charged in the instant case. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

Before the judgment on the grounds for appeal for ex officio, the prosecutor applied for changes in the indictment with the contents that "three iron plates" is changed from the trial court to "one iron plate" among the facts charged as to the damage on July 20, 2012 from the trial court. Since this court permitted this, the part of acquittal in the judgment of the court below is no longer maintained.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows without examining the prosecutor's argument of misunderstanding the facts.

[Reasons for the decision on innocence] The accused is a person who operates a factory in Gwangju City, etc., and the victim E-child care center construction work in the adjacent D ground is punished.