The defendant shall be innocent.

1. On October 9, 2016, around 02:05, the Defendant argued with the other customers during drinking alcohol at “D” main points located in Sinti City, Da. The Defendant: (a) obstructed the Defendant; (b) obstructed the victim E, who was on the street before the said main points; (c) removed the Defendant; and (d) destroyed the repair cost of KRW 420,000, 200, which is the front right-hand side of the FM5 car parked on the ground that he was on the street.

2. 판단 이 법원이 채택하여 조사한 증거에 의하면, 피고인이 위 사건 일시, 장소에서 피해자 일행과 시비가 생기자 피해자 승용차 옆에 있던 돌을 집어 들어 위 승용차 너머로 던진 사실, 그 직후 피해자 일행이 위 승용차의 앞 유리가 긁히고, 앞 범퍼 우측 부분이 찍힌 사실을 확인한 사실, 승용차에 발생한 손괴부분은 돌과 같이 단단하고 뾰족 한 물건에 의해 발생한 것은 보이는 점 등에 비추어 피고인이 들었던 돌에 의해 피해자의 승용차에 공소사실 기재와 같은 손상이 생긴 사실이 인정된다.

However, in this court, the victim stated to the effect that the above damage was caused by the above damage to the above car, not to damage the vehicle of the victim, but to the effect that the defendant was caused in the course of speaking the defendant who caused the defendant's daily driving by the defendant, and that the defendant was the victim at the time, but it is difficult to recognize that the above vehicle was damaged by the victim's intentional act, not by negligence, in light of the fact that the above vehicle was damaged by the victim's vehicle. There is no other evidence to acknowledge this differently.

3. As such, the instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act.