The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor the summary of the grounds for appeal (misunderstanding of the facts), the fact that the defendant destroyed the victim's vehicle by driving the vehicle may be acknowledged, but the court below erred by misapprehending the fact that the defendant acquitted the victim.

2. The lower court found the grounds for the judgment of innocence in detail.

Taking into account the circumstances stated by the lower court, it is difficult to readily conclude that the particulars of the vehicle repair stated in the said written estimate were caused by the damage on May 2, 2017, when considering the following: (a) the shape of the damage to the penter and the rear gate, which appears to have been taken by the victim at the parking lot of the Daejeon East Police Station on June 29, 2017, and the form of damage shown in the photographs (the 16,17th page of the evidence record) taken by the victim at the parking lot of the Daejeon East Police Station on June 29, 2017; and (b) the victim was issued a vehicle estimate on June 29, 2017, after a considerable time has elapsed from the date of the occurrence of the instant case, it is difficult to conclude that the vehicle repair details stated in the said written estimate were caused by the damage on May 2, 2017, the lower court’s judgment rejecting the victim’s statement and acquitted the Defendant.

We do not accept the prosecutor's assertion of mistake.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.