beta
Text
All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The lower court rendered a judgment dismissing the public prosecution regarding the injury of special property among the facts charged against the Defendants and the insult of the facts charged against Defendant A, and the prosecutor appealed only on the part of the acquittal as above, and the judgment dismissing the public prosecution against Defendant A, which is the part dismissing the public prosecution, was separated and finalized as it is.
Therefore, this part is excluded from the scope of this Court's trial.
2. The summary of the grounds for appeal (misunderstanding of facts) is consistent with the statement that the instant steel pents were damaged due to the Defendants’ act, and the instant steel pents were used for the entrance by allowing the victim E to open a fixed pents, and it is difficult to view that the use as the entrance was not originally intended, and that the victim did not accept it.
In light of the fact that the victim cannot be seen as being damaged, and the victim did not immediately appear in the CCTV at the time of the instant case to the place where the Defendants left the pent, and the Defendants saw the Defendants as her hand, and the steel pents of the instant case showed that the steel pents of the instant case were melted, it can be recognized that the Defendants damaged the steel pents of the instant case.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
3. Determination
A. The summary of the facts charged in the instant case is the position of Defendant A without merit, Defendant B is a person engaged in agriculture, each of whom is a type, and each of them.
Defendant
A is the manager of land D in the area of the branch of the Si of Sungnam-si owned by Defendant B, and the complainant is the manager of land G in the area of the case, other than the case, owned by the above Defendant B, and the owner of land G in the area of the Gu of Sungnam-gu
The Defendants, around 10:00 on May 28, 2016, opened a steel pents installed by the victim E at the boundary of the G-owned land adjacent to the land of Sungnam-gu, Sungnam-si and the said land at H on May 28, 2016, thereby free passage.