The prosecutor's appeal is dismissed.

According to the evidence submitted by the prosecutor, it is recognized that the defendant damaged the attachment labeling attached to the downtown bicycle (RE-350) as shown in the facts charged.

Judgment

Notwithstanding the fact that there is no new objective reason to affect the formation of a documentary evidence in the trial process, when the appellate court intends to conduct a re-evaluation of the first instance court's decision after an ex post facto determination, it was clearly erroneous in the first instance court's determination as evidence.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules to maintain the judgment as it is, and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). There is no objective reason that may affect the formation of a new conviction in the trial, and there is no reasonable ground to deem that maintaining the judgment of the lower court is remarkably unfair in comparison with the evidence duly adopted and examined by the lower court and the content of the reasoning of the lower court.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.