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The defendant's appeal is dismissed.
Reasons
1. The borrower of the damaged vehicle in this case, in front of the direction of progress of the damaged vehicle, continued to proceed with the vehicle in this case, even if there was a room to check the Defendant’s female-friendly Gu, the Defendant’s pro-Japanese G in favor of him and the Defendant’s return (hereinafter “ female-friendly Gu, etc.”)
Accordingly, there was an imminent danger to the body or life of women's relatives, etc., so that the defendant can stop the progress of the damaged vehicle, that is, to defend the current infringement of the legal interests of women's relatives, etc., it is to see the damaged vehicle.
Therefore, although the defendant's act constitutes legitimate defense, the court below found guilty of the facts charged of this case, which affected the conclusion of the judgment due to mistake of facts or misunderstanding of legal principles.
2. Determination
A. On August 13, 2016, the Defendant: (a) around August 21, 2016, 21:30, the Defendant: (b) destroyed the instant vehicle in a manner that (c) the victim B (40 years of age) driven a string driver car in front of the toilet located on the street of the front of the entrance site located on the street in the front side of the frontwest of the northwest-gun, North Korea; (d) caused an accident that shocks the front side of the Defendant’s petle with the front side of the steering wheel; and (e) said vehicle was destroyed to have approximately KRW 6,707,00 of the repair cost calculated at one time on the side of the driver’s seat of the damaged vehicle, who does not immediately stop.
B. The following circumstances acknowledged by the court below's judgment and the court below's duly adopted and examined the evidence, namely, ① the defendant's pro-Japanese as a witness who applied for by the defendant, was stated in the court of the first instance that "the defendant was knee and knee down on the side of the vehicle, the defendant's woman-friendly knee was knee and knee down on the side of the vehicle, and the defendant's strong knee and run immediately, so the female-friendly knee did not have any danger again." ② The defendant's strong knee will be seen as having a strong sentence, and if the size is strong, it is easy to determine whether it is under the part of the vehicle.