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The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
Reasons
1. Although the summary of the grounds for appeal can sufficiently recognize the fact that the defendant could have damaged the vehicle by walking the patrol car even one time, the judgment of the court below acquitted the defendant.
The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination as to the prosecutor's assertion of mistake of facts
A. On February 12, 2015, the Defendant: (a) damaged the goods used by public offices by the police officers assigned to the E box, who boarded and called the patrol vehicle after receiving a report of assault, on the ground that the police officers assigned to the E box, who boarded the patrol vehicle at the front of the D main shop located in Gwanak-gu, Seoul Special Metropolitan City, would not break the patrol vehicle only by the parties to the assault case and would not take the patrol vehicle with them aboard; (b) the Defendant interfered with the operation of the said vehicle by getting the police officer under the direction of the police officer to check the vehicle, and walking the seat of the patrol vehicle in a way that the police officer would face repair costs equivalent to KRW 250,00.
B. (1) The lower court found the Defendant not guilty on the ground that it is insufficient to recognize the facts charged in the instant case that the Defendant damaged the part of the driver’s seat of the said patrol in light of the following: (a) the witness F and G, who was the witness of the instant case, testified in the court of the lower court that “the Defendant had directly observed the rear of the patrol seat one time; and (b) the damaged part of the patrol vehicle, which was the middle part of the driver’s seat inquiry, did not coincide with the said testimony.
(2) 당 심의 판단 경찰관인 H은 당 심 증인으로 출석하여 ‘ 자신이 순찰차 운전석에 앉아 있는 상태에서 피고인이 욕설을 하면서 순찰차 운전석 문짝을 1회 발로 찼으며, 자신은 즉시 차량에서 내려 운전석의 손상 부위를 확인하였다’ 고 진술하였고, 당시 사건의 경위를 구체적으로 설명하였다.
Dow, 1 The witness F and G of the original court, which is one of the contestantss.