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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.
Reasons
1. The summary of the grounds for appeal is as follows: (a) although the Defendant did not have damaged the victim’s vehicle with his hand, the court below found the Defendant guilty of the facts charged in this case, which affected the conclusion of the judgment
2. Determination
A. An ex officio determination prosecutor filed an application for changes in indictment with respect to the facts charged as stated below, and this court permitted this and changed the subject of the judgment.
In this respect, the judgment of the court below is no longer maintained.
However, even if the above reasons for ex officio destruction exist, the defendant's assertion of mistake is still subject to the judgment of this court, and we will examine below
B. The determination of the assertion of mistake of facts is based on the statement that the defendant damaged the back part of the victim's vehicle while the victim parked in the investigative agency and the court.
The above statements made by the victim are consistent, detailed, and clear, and there are no special circumstances to deny the credibility of the statements made by the victim.
(2) The police officer called to the scene after receiving a report from the victim that “the defendant was suffering from defects on the vehicle of the victim by hand, etc.” stated to the effect that “H was in the court of law that “the part of the defect in which the victim suffered from the damage at the time,” and that “the part of the defect in which the victim suffered from the loss was cut off and the color was cut off.” The police officer stated to the effect that “the other part of the vehicle was laid down with soil on the vehicle, but there was no same dust or melt in the part of the defect.”
And H affixed a photograph of the above defective parts.
(No. 45,46 pages). (3) The CCTV screen, submitted by the victim, when the victim parks, can be seen as a finger, etc. from the front and rear of the vehicle and the half of the light can be seen as a finger.