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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On December 2, 2015, the Defendant attempted to remove food waste from the Daejeon Seo-gu Seoul and the second floor around 23:40 up to the lower level of food waste, and to damage the said vehicle in line with the shower car owned by the victim D, but did not harm the utility of the vehicle.
Summary of Evidence
1. Legal statement of the witness D;
1. Some statements made against the defendant during the police interrogation protocol;
1. The defendant asserts to the effect that the site of the case, the photograph of the damaged vehicle, and the estimate [the defendant was not about about the part of the damaged person's vehicle, but about the wall of the adjacent house], and that the food waste tank was not in line with the lower wall, and that there was no intention of damage.
However, the following circumstances, which can be seen from the evidence of the judgment, i.e., ① the vehicle alarm system was operated due to contact with the damaged vehicle parked at the time of the instant case, and the victim was able to hear the sound and discovered food to be buried on the upper part of the bitke and the damaged vehicle. ② The Defendant also operated the alarm system of the damaged vehicle at the time of the instant case in the investigative agency and this court.
In full view of the facts as alleged by the Defendant, (3) if food is suitable for the lower part of the wall of the leased vehicle parked on a considerable distance from the wall, it appears that the food cannot be buried on the upper part of the leased vehicle, (4) food waste bags are likely not operated on the lower part of the damaged vehicle, and (5) food waste bags are discovered on the lower part of the damaged vehicle’s left side of the damaged vehicle, and (4) it is reasonable to view that the Defendant was able to contain food waste in the upper part of the between the leased vehicle and the between the damaged vehicle, even if do not do so, and thereby, contain food on the upper part of the damaged vehicle.)