재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. In full view of the evidence submitted by the prosecutor as to the gist of the grounds for appeal (misunderstanding the facts), the court below erred in the misapprehension of facts that the defendant acquitted the defendant on the grounds that the defendant was guilty of the charges of this case, even though the defendant was guilty by inserting the Gemangsium in the entrance and exit of the entrance and exit (hereinafter “instant corrective device”) as indicated in the judgment of the court below, thereby damaging the above entrance by not operating the above entrance.
2. Determination
A. The lower court rendered a judgment on the following grounds: (a) direct evidence consistent with the facts charged of the instant case pertains to the victim D’s statement and the photograph of the correction device of the instant case (hereinafter “the instant photograph”) at the time; (b) the said evidence is inconsistent with each other and lacks to recognize the facts charged of the instant case; and (c) the Defendant was acquitted on the grounds that no other evidence exists.
① The victim stated in the investigative agency and the court below that “I tried to open a door as a key to the key, and there was no key to the key hole, so the Gemanmanium was entirely faced inside the key hole, and it cannot be easily subtracted from the key hole.”
However, considering the photograph of this case, it is hard to see that the Gemanium is not in the key hole, and is considerably protruding out of the key hole, and it is not cut or damaged except the end part of the Gemanium. The statement of the victim is different from the photograph of this case.
(2) The key hole at the time is likely to be separated from the entrance by putting up the key hole of the correction device of this case in the entrance.
Then, it should be divided into a variety of key holess located in the above key hole, and there is a flusium in the key hole of the correction device of this case without a flusium in the photo of this case.
In light of this, it is difficult to view.