The prosecutor's appeal is dismissed.

1. According to CCTV images in which the defendant passed by the instant vehicle, the summary of the grounds for appeal (misunderstanding of facts) is confirmed, the fact that the defendant destroyed the instant vehicle, such as the facts charged, can be acknowledged in full view of the following circumstances: (a) the fact that the defendant was unable to differently explain the reasons if the defendant did not want to reduce the instant vehicle, and (b) the defendant could have destroyed the instant vehicle, as stated in the facts charged, by failing to exert any particular force with the same scarfic things; and (c) even with the CCTV images, the defendant did not seem to have any force; and (d) the defendant returned back from the front door of the auxiliary stoke attached even on the front side of the instant vehicle; and (e) the defendant could not otherwise explain the reason if he did not want to reduce the instant vehicle.

Nevertheless, the judgment of the court below which acquitted the facts charged of this case is erroneous in misconception of facts.

2. Determination

A. At around 08:08 on June 12, 2017, the Defendant: (a) destroyed a flive tool from the front siren of a vehicle (D) parked by the victim C in the front parking lot of Yangcheon-gu Seoul Metropolitan Building B to the rear bitle part of the lower bitle section.

B. In full view of the following circumstances acknowledged by the evidence duly examined by the lower court, the lower court found the Defendant not guilty of the instant facts charged on the grounds that it is difficult to view that the evidence submitted by the prosecutor alone was proven without any reasonable doubt that the Defendant destroyed or damaged the instant vehicle as stated in the facts charged, by flaging the flive tool, and that there is no

① Although the Defendant was in cleaning the parking lot parked from an investigative agency to this court, the Defendant consistently denied that the instant vehicle was not damaged by the noise and injury.

② On June 12, 2017, around 05:30 on June 12, 2017, the victim’s statement was parked in the instant vehicle at the parking lot, but at least 16:00 square meters on the same day.