재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In fact-finding, while the Defendant was leading the handcule, the victim was faced with the parts of the victim's car by negligence, and the victim was sculpted with the parts of the victim's car, and there was no intention to flabize the parts of the victim's car head and the subsequent even parts.
Nevertheless, the court below erred by misunderstanding the fact that the defendant was damaged, thereby affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.
2. Although the defendant alleged a mistake of facts in the court below, the court below acknowledged that there was a crime of damage by the defendant's intentional act while rejecting the defendant's assertion in detail, the court below found that there was a crime of damage by the defendant's intentional act.
According to the following circumstances, which can be recognized by the evidence duly adopted and examined by the court below, and CCTV images, ① the defendant was tightly pushed off the parking lot of the Chungcheongnam-si Library in front of the defendant's body at a relatively brightness time, and only was pushed down by the defendant's hand. ② The defendant was faced with the defendant's hand by placing the defendant's hand in front of the front part of the vehicle or the rear part of the back part of the defendant's handper in a distance near the vehicle parked in a one-way manner, even though the handper of the vehicle was passed by the defendant's handper, the part of the part of the defendant's handper or the part of the back part of the defendant's handper was cut off in front of the defendant's hand, and ③ after the defendant stopped the front part of the victim's vehicle after the defendant's hand, it is anticipated that the hand son and the second part of the vehicle will be even facing the defendant's hand, and the defendant's hand son and the part were actually faced by the defendant.