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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the fact that the victim of the grounds of appeal stated what the defendant had taken, that witness F stated that the defendant was faced with the second floor of the building, that the victim submitted the damaged shock photographs, and that there was a dispute between the victim and the defendant at the time, the charges of this case can be fully found guilty.
Nevertheless, the lower court erred by misapprehending the facts charged, contrary to what is alleged in the instant case.
2. Determination
A. On September 22, 2016, around 23:28, the Defendant: (a) destroyed the second floor of the building in front of the second floor where the victim C operated by Seodaemun-gu Seoul Metropolitan Government “D” is located; (b) on the ground that the victim placed food waste in front of the main entrance of the “E” of the first floor of the same building operated by the Defendant, the Defendant destroyed the instant charges by: (c) putting the incombustible objects away from the victim’s windows toward the victim’s windows so that the repair cost would lead to the repair cost; and (d) putting the shocks down on the glass window owned by the victim.
B. In light of the following facts and circumstances revealed by the evidence duly adopted and investigated, the lower court found the Defendant not guilty of the instant charges pursuant to the latter part of Article 325 of the Criminal Procedure Act on the ground that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant destroyed the shock chain, etc. owned by the victim because the Defendant laid an inferior object like the instant charges, and there is no other evidence to acknowledge it.
(1) In this Court, F, which had directly observed the situation at the time, observed a building on the left side of this Court, had the object of drinking to the left side or right side of the electric telegram, on the basis of the electric telegrams on the left side, and the Defendant left side of the signboard, which is used as “G” located on the left side of the electric telegram at the time of throwing an object.