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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. Even if there is no direct evidence as to the damage of each of the instant vehicles, such as the victim B’s Tbluri vehicle, the victim C’s SM5 vehicle, etc., the Defendant appears to have damaged each of the instant vehicles in full view of the following: (a) the Defendant was suffering from conflict with the victims due to parking problems; and (b) the Defendant damaged the victim C’s Sblick vehicle parked at the same place on March 26, 2019 and damaged the said Sbluri vehicle and each of the instant vehicles.
Nevertheless, the judgment of the court below which acquitted the defendant on the facts charged as to the damage of each of the vehicles in this case is erroneous.
B. The sentence of an unreasonable sentencing (two million won of fine) imposed by the lower court is too uneasible and unfair.
2. Determination
A. (1) As to the assertion of mistake of fact, the lower court found the Defendant not guilty of the facts charged on the damage of each of the instant vehicles for the following reasons.
In light of the following circumstances, it is true that there is considerable doubt as to whether the Defendant’s appraisal of parking problems does not damage each of the instant vehicles owned by the victims of the injury.
- The Defendant and the victim C et al. did not dispute the parking problem before the instant case, and the victim B et al. are children of the said C.
- At the time of investigation into an investigative agency, the Defendant stated to the effect that “The situation at the time of drunk was not memory, but there was a dispute several times due to parking problems with the victim C, her husband, etc. before the instant case, and that the Defendant thought that she would have supposed the destruction of the victim’s vehicle due to the speech and behavior of the said victim, etc. who was the recipient at the time and
However, the burden of proving the facts charged in the criminal trial is to be borne by the prosecutor, and the conviction is not likely to be made by the judge in a reasonable doubt.