재물손괴
The defendant's appeal is dismissed.
1. The main reason for appeal is that a person who suffered damage from the main reason for appeal, disregards the demand of the defendant for the transfer of the vehicle, demands the towing cost unjustly, and illegally towed the vehicle, and thus the defendant started the vehicle, so even though this constitutes a legitimate act or a legitimate defense, the court below convicted the defendant. The judgment of the court below is erroneous in the misapprehension of facts,
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below: (i) in the case of requesting the return of the towing worker at the site, (ii) in principle, a receipt after collecting the towing charge is required to be issued in order to enhance the credibility of administration; (iii) in the case of requesting the return of the towing worker before the towing installation or the towing vehicle starts, the return is required without collecting the towing charge; (ii) in the case of the Defendant vehicle, the victim was immediately after the towing vehicle starts, and thus, the victim’s demand for the towing cost of KRW 40,00 is deemed reasonable in accordance with the above towing work guidelines; and (iv) the Defendant’s demand for the towing cost is impossible
In full view of the fact that the defendant's act of damaging the towed vehicle's roof by starting the vehicle installed in the towing vehicle as it is does not constitute a legitimate act or a legitimate defense, and thus, the defendant's assertion of mistake is rejected.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.