The prosecutor's appeal is dismissed.

Summary of Reasons for appeal

A. The victim of the misapprehension of the legal doctrine or mistake of fact (not guilty in the judgment of the court below) made a considerable economic contribution to acquiring a AD passenger car as stated in this part of the facts charged (hereinafter “the instant passenger car”) by continuing to engage in the marital relationship with the Defendant from around 2011, while engaging in economic activities as a couple.

In addition, the Defendant jointly used the instant car with the victim.

The recognition was also recognized.

Considering such circumstances, the presumption of special property for the car in the name of the defendant should be reversed, and it should be viewed as sharing between the defendant and the victim.

However, the judgment of the court below which judged the car of this case as the defendant's unique property and found the defendant not guilty of the facts charged of this case is erroneous in the misapprehension of legal principles or misconception of facts.

B. The sentence of the lower court that is unfair in sentencing (five million won in penalty) is too unhued and unfair.

2. Judgment on the misunderstanding of legal principles or the misunderstanding of facts (the part not guilty in the judgment below)

A. The summary of this part of the facts charged is that the Defendant: (a) was between the injured party D (mast, 43 years old); (b) on September 27, 2017, on the ground that the injured party, prior to the right-to-door 5:30 Dop Dop 30 on the road of Pyeongtaek-si around 09:50 on September 27, 2017, changed the Defendant’s name and password; and (c) on the ground that the injured party, prior to the right-to-door Dop 5:30 on the road

F) A portion was adjacent to the left-hand side of the FHD car.

Accordingly, the Defendant, carrying a dangerous object, destroyed a motor vehicle of the Republic of Korea to the extent that the estimated repair cost of the vehicle of the Republic of Korea, such as having the victim and the defendant wear the back door of the vehicle of the Republic of Korea, which is a joint ownership of the victim and the defendant.

B. Determination 1) Whether a property is another person’s property is determined by the Civil Act, the Commercial Act, or any other civil substantive law (see, e.g., Supreme Court Decision 201Do48, Feb. 27, 2014). Property acquired by one spouse in one’s name during the marriage is the property acquired in one spouse’s name during the marriage.