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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. According to the evidence duly admitted and examined by the court below, since the defendant could fully recognize the fact that he damaged a victim D's car by using a flive tool, the court below found the defendant not guilty of the facts, which affected the conclusion of the judgment by misunderstanding the facts.
2. From 00:00 on February 2, 201 to 09:20 on the same day, the Defendant: (a) parked the Defendant’s vehicle on the front of the instant car at the place where the Defendant parked on the road in front of the instant car, and thereby making it impossible for the Defendant to park the Defendant’s vehicle by parking it on the said place; (b) he spits the Defendant’s vehicle on the front hand; (c) he spits it on the driver’s seat and the front hand of the said car; (d) cut it by flading it on the driver’s seat of the said car; and (e) cutting it by flading it on the front hand; and (e) destroying the said car, which is the victim’s possession, by using a flashing tool, such as a flag and f42 won.
3. The judgment of the court below is not sufficient to acknowledge the defendant's clock, witness D's legal statement, police's statement of D', damage evidence photograph, etc. as to whether the defendant clocked by cutting the victim's vehicle's driver's click, broken down the part of the click door, etc. using a click tool, and there is no other evidence to acknowledge the above facts.
4. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, namely, ① the Defendant spite the instant car at a bar in front of its own house and on the next day, at the time when the instant car was parked, spite it over three times at the time when the vehicle was cut off. If the vehicle was damaged, the Defendant would not spite it if he was aware of it.” Considering the degree of the damage of the instant car, the Defendant spite at least at the point of occupancy.