The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, the court below acquitted the Defendant of the facts charged in this case, although the Defendant could fully recognize the fact that the Defendant destroyed one of the back wheels of the passenger car owned by the victim. The court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On June 19, 2017, the Defendant: (a) around 03:20 on June 19, 2017, destroyed one of the back wheels of the passenger car (D) owned by the victim C in the Busan B-gu building parking lot with a view to 180,000 won at the latter wheels’s market price.

B. The lower court determined as follows: (a) CCTV images in the accident site as a main evidence in support of the instant facts charged and the results of the examination of the detection of false horses against the Defendant; (b) CCTV images were parked and taken from the time when about 20 minutes elapsed; (c) it cannot be ruled out that the Defendant had already damaged the damaged vehicle; (d) according to the above images, it appears that the Defendant was approaching the right side of the damaged vehicle, but the said images did not directly confirm the damage of the damaged vehicle; (b) it is not sufficient to recognize the said facts charged on the ground that the said images did not directly confirm the damage of the damaged vehicle; and (c) the Defendant was found not guilty of the Defendant’s statement denying the crime on the ground that there was no other evidence to acknowledge the facts charged.

(c)

In full view of the following facts and circumstances revealed by the evidence duly adopted and examined by the court below and the court below, the defendant must tear one of the back wheels of the passenger car owned by the victim as stated in the facts charged in this case.