Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2016. 8. 26. 03:20 경 서울 강남구 C, 1 층 주차장에서 자신의 차량을 이동하려고 하였으나 피해자 D( 남, 33세) 소유의 차량이 세워 져 있어 이동하기가 힘들어 지자 격분하여 불상의 뾰족 한 도구로 피해자 소유의 E 아우 디 차량의 좌우 측면과 트렁크 부분을 긁어 흠집을 내 어 수리비 6,016,896원 상당이 들도록 손괴하였다.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Each legal statement of witness D and F;

1. On-site photographs, photographs of damaged vehicles, suspect photographs, and on-site CCTV;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant did not destroy the instant vehicle.

2. According to the evidence duly examined by this court, the following facts can be acknowledged.

① Around December 2015, the victim purchased the instant vehicle. On August 25, 2016, the Plaintiff: (a) purchased the instant vehicle; (b) loaded the instant vehicle at the Sejong Deputy Commissioner around 17:00; and (c) at that time, no defects were found in the instant vehicle at that time.

On August 25, 2016, at around 19:00, the victim was in charge of the instant vehicle’s substitute parking at the “G” drinking house around the instant parking lot to drink, and accordingly, the instant vehicle was parked in the instant parking lot.

② On August 25, 2016, at around 23:00, the victim was locked from the driver’s seat of the instant vehicle under the influence of alcohol.

③ The Defendant is a person who operates a H restaurant on the second floor of the instant parking lot.

The instant parking lot is a small parking lot that only two vehicles can be parked ahead, and the Defendant and the instant vehicle were parked.