(영문) 서울남부지방법원 2017.08.25 2016노1790

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(영문) 서울남부지방법원 2017.08.25 2016노1790

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the indirect facts acknowledged by the court below, the court below erred by misapprehending the facts or by misapprehending the legal principles, although the court below found the defendant guilty of the facts charged in this case.

2. Determination

A. The summary of the facts charged in the instant case (1) around April 5, 2015, the Defendant damaged the victim D’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, thereby damaging the front door glass equivalent to KRW 40,000, the market price of which is the victim’s ownership, by an insular tool.

(2) Around the same time as Paragraph 1, the Defendant infringed upon the residence of the victim by breaking the victim D’s house glass, such as Paragraph 1, and opening the door door and opening the door door to the inside of the house, thereby infringing on the victim’s residence.

(3) A thief, around the same time as paragraph (1), the Defendant committed a theft with cash of KRW 210,00,000, which was owned by the victim of the victim D, as described in paragraph (1), and with cash of KRW 210,00.

B. The lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to recognize the fact that the Defendant was guilty on the ground that: (a) the Defendant left the house of D while being hospitalized in the hospital; (b) the Defendant demanded the key of D, and thereafter, the Defendant was rejected; and (c) there was no direct evidence, such as the discovery of a trace of the Defendant’s intrusion in the victim’s residence or witnessing the Defendant’s intrusion; and (d) the Defendant was found not guilty on the ground that there was no other evidence to acknowledge otherwise.

(c)

In a thorough examination of the records of the court's determination, the court below's decision of not guilty of the facts charged in this case is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding legal principles as pointed out by the prosecutor in the judgment below.

It does not seem that it does not appear.

4. Conclusion, the Prosecutor’s appeal is the same.

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