The prosecutor's appeal is dismissed.

1. According to evidence, such as the statement by J, the gist of the grounds for appeal (misunderstanding of facts), the tree of this case was planted on the land owned by the complainant.

the court below's finding that the trees of the household room were planted on the land owned by the defendant.

Even if the complainant planted trees in around 1995, the complainant harvested fruits between 20 years and acquired the right to own standing trees by prescription.

However, the Defendant did not clearly confirm whether or not the ownership of the trees in the instant room, and cut down the trees in each room owned by the complainant, and thus, the Defendant can be recognized as not guilty of the damage to the property.

Therefore, the judgment of the court below that acquitted the facts charged of this case is erroneous.

2. The lower court, on the grounds indicated in its reasoning, failed to recognize that the trees of the instant room were owned by the complainants only by the evidence submitted by the prosecutor, such as the complainant’s statement, etc., and even if owned by the complainant, the Defendant intentionally damaged the trees of the instant room by destroying the property.

In determining that it cannot be seen, the facts charged of this case were acquitted.

Examining the judgment of the court below after comparison with the records, the above judgment of the court below is just and acceptable, and the evidence submitted by the prosecutor alone is that the complainant acquired the right to the trees of this case by the completion of prescription, as alleged in the court below.

It is also insufficient to recognize.

Therefore, the judgment of the court below contains an error of mistake as alleged by the public prosecutor.

subsection (b) of this section.

The prosecutor's assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.