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(영문) 대구지방법원 2016.06.29 2015노4773
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal, the relationship between the defendant and the victim, the result of the psychological physiological test, and the CCTV images in parking lots, even though the defendant could fully recognize the fact that the defendant damaged the knife part of the driver's seat of the knife vehicle owned by the victim, the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment

2. Examining the evidence of this case in detail in light of the record, the lower court, based on the evidence submitted by the prosecutor, destroyed the vehicle owned by the victim at the parking lot around September 21, 2014, on the grounds stated in its reasoning.

The decision of not guilty of the facts charged in this case is just and acceptable in light of the lack of evidence to acknowledge it and there is no other evidence to acknowledge it, and there is no error of law as alleged by the prosecutor.

Therefore, 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.

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