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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the relationship between the defendant and the victim of the fact, dolusent intention is acknowledged at least that the defendant seeks to remove or use the instant night tree in the course of using the vesium on the tree around the night tree of this case.
Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court (one year of suspended sentence in six months of imprisonment) is too unhued and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The lower court’s judgment: (a) there are some entries in the police interrogation protocol against the Defendant, the witness D’s legal statement, and the police statement protocol against the Defendant, which are admissible as evidence consistent with this part of the facts charged; and (b) some entries in the police interrogation protocol against the Defendant were made by using the first system with the Defendant and the victim’s consent; and (c) even if the first system was winded, there were 1 g of night tree under the supervision of the Defendant even if it became wind.
"." This is because it is nothing more than the inferred side that the first-aid system might have an impact on the first-aid system even though the first-aid system was not used directly in the night tree recorded in the facts of crime. ② The purpose of the statement in the court of the original trial by the witness D and the statement in the police statement is that the Defendant used the first-aid system for the damaged night tree, but it is nothing more than the inferred side that the first-aid system in the surrounding night tree had an impact on the first-aid system because the first-aid system in the night tree was viewed as being used for the damaged night tree. The above evidence alone is insufficient to recognize that the Defendant used the first-aid system in the instant night tree and that it was impossible to grow or purchase the first-aid system in a proper manner due to the use of the said first-aid system, and it is not sufficient to recognize otherwise.