On July 29, 2016, around 09:15, the Defendant damaged the victim’s property by launching the front gate of the said car on the ground that the Defendant parked the E-car owned by the victim D at the underground parking lot of the first apartment of the Dong, a 101 U.S. Sinsan-gu, Seoul Metropolitan City, in the front of the Defendant’s front passage, and was unable to move the Defendant’s vehicle.

Summary of Evidence

1. Each legal statement of witness D and F;

1. A report on the occurrence and a report on the internal investigation;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. As to the assertion and determination of the Defendant and the defense counsel under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (i.e., the primary offender, even though the Defendant denies the criminal facts, the extent of damage is minor and the amount of damage caused by other causes on the part of the damaged vehicle is difficult to clearly specify the damaged vehicle; the victim does not seem to have repaired the damaged vehicle due to the instant case; the motive and circumstances of the commission of the crime are somewhat different; and there are other factors prescribed in Article 51 of the Criminal Code, such as Defendant’s age, sexual behavior, environment, etc.)

1. The main point of the argument is that there is no support for the damaged vehicle, and even if such fact is acknowledged, it is merely a civilian figure of the victim's vehicle in order to confirm whether the victim's vehicle is traveling or not, and there is no intention to damage the property.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the court determined that the crime of destroying property against the Defendant is recognized.

즉 ① 피고인은 피해 차량이 움직이는지 여부를 확인하는지 발로 밀어 보는 정도를 넘어서 발로 찼다고

and accordingly, this shall be applicable.