The defendant shall be innocent.

1. On October 28, 2012, the Defendant: (a) around 13:00 on October 28, 2012, the summary of the facts charged, on the ground that, within the D Parking lot located in Seongbuk-gu Seoul Metropolitan Government, the Defendant did not state contact numbers on the vehicles owned by the victim E (K7) (hereinafter “victims”); and (b) parked without permission on the ground that it is bad for the Defendant to park the damaged vehicle without permission; and (c) destroyed the property that had fallen leaves and sand on the front side of the damaged vehicle and the lower between the two sides, and that the market price of which is equivalent to KRW 90,128.

2. Determination

A. The Defendant asserted that, from an investigative agency to this court, the victim’s unauthorized parking of the victim’s shots was made up in front of the damaged vehicle and the string to the string of the following strings, the Defendant did not put sand into the damaged vehicle, and that it cannot be flicked by flicking the shots on the damaged vehicle.

On the other hand, the victim stated that the defendant does not directly shots and sand, but later, the victim confirmed that "the defendant used fallen leaves and sand so that he can use it in front of the damaged vehicle so that he can use it, and then spread sand by hand on the west gate." The victim stated that the defendant thrown away sand and sand into the damaged vehicle so that he could have a flick force.

B. Therefore, the issue of this case is whether the Defendant, as alleged by the victim, has committed an act of putting shot leaves into the damaged vehicle, and therefore, whether the Defendant separately set sand outside the shots, and whether the shot leaves, etc. have caused shotbling force to the damaged vehicle, such as the victim’s assertion, due to the act of shoting it.

However, the statement by the victim that the defendant was with sand was not submitted to the police despite the fact that ① the black image containing the contents of the defendant's crime is an important evidence.