The prosecutor's appeal is dismissed.

1. In light of the fact that the Defendant destroyed the damaged vehicle as stated in the instant facts charged, in light of the fact that the Defendant purchased the damaged vehicle in the middle of the instant case on September 1, 2018, and the vehicle registration was made on October 1, 2018, and the boom image alone does not confirm the fact that the Defendant was found on the part of the damage, on the part of the Defendant’s assertion that the Defendant was deprived of the damage, while the Defendant was not found on the part of the damage, and that the damaged part was not found on the part of the Defendant, even by the black box image, and that the damaged part was not found on the part of the Defendant.

2. Determination on the grounds for appeal

A. On October 2, 2018, the Defendant: (a) around 22:40 on October 2, 2018, operated the C Bus No. 335 on the road in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, the Defendant destroyed the Defendant’s damage by leaving the victim D, who was waiting to turn on the crosswalk and waited for a right-hand line, down the part on the right-hand right-hand right-hand side of the M5 TM vehicle.

B. The lower court determined that it is difficult to view that the damaged part of the damaged vehicle was caused by the Defendant’s act in light of the Defendant’s movement identified in the black image.

We agree with the above judgment of the court below 1 elim 2 elim 3 elim elim 4 by closely comparing it with the records.

이 사건 손괴 부위는 그림 1과 같이 피해 차량의 트렁크 우측부분이 움푹 들어가 있는 형태로, 손으로 이를 내리친 것이라면 해당 부위에 강한 힘이 주어졌어야 할 것이다.

In addition, according to the picture 2, the place where power has started, when the side side of the above vehicle is viewed as the fixed side, it seems that the part where the two lines divided between the two lines by the boundary or the right side is connected to the vertical line.

However, the picture 3 is the same.