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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for one year from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (in fact-finding assertion) belongs to the co-ownership of computers, decorationss, and softs, damaged by the defendant at his residence together with the facts charged in this case, as well as the victim C who was in de facto marital relationship with the defendant and the defendant;
Therefore, the judgment of the court below which acquitted all of the charges of this case on the ground that the above articles do not constitute "other's property" subject to the crime of causing property damage as the defendant's unique property, is erroneous in the misapprehension of facts, which affected the conclusion
2. Determination
A. An ex officio determination prosecutor filed an application for changes in the indictment with the content that “A victim E, who is a married couple,” among the facts charged in the instant case, is “A, who is a married couple,” and “A computer under the market price of the defendant and the victim E,” which is “A computer under the joint ownership of the defendant and the victim E,” respectively, was changed into “A computer under the market price under the joint ownership of the defendant and the victim C,” and the judgment of the court below was changed into the object of adjudication by granting permission. Thus, the judgment of the court below was no longer maintained.
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts is still subject to deliberation within the scope of the modified facts charged, and this is examined.
B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below concerning the act of destroying one computer or Nowon-North Korea as to the assertion of mistake of facts (whether the goods damaged by the defendant correspond to the "other's property" which is the object of the crime of causing property damage), namely, ① the defendant purchased the above computer and Nowon-North Korea from the investigative agency to the court of the court of the court of the court below at around 2008 to be used by the "J", and brought about the above computer and Nowon-North Korea to the house after organizing the above business.