The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not destroy a damaged vehicle by flag.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. The Defendant asserted to the same effect as the lower court’s judgment on the assertion of mistake of facts.

The court below rejected the defendant's assertion on the basis of the legal statement and the evidence submitted by the prosecutor.

In full view of the following circumstances, the lower court’s judgment is justifiable in its determination based on the evidence, in addition to the circumstances presented by the lower court.

According to CCTV images, the defendant's defense counsel is that there is only the defendant from the time the victim loaded the damaged vehicle in front of C Apartment 108 to the time the victim discovered the damaged vehicle's damage on the morning on the following day. However, there is a possibility that the damaged person could have already damaged the damaged vehicle at the church, etc. where the damaged person was a woman before putting up the damaged vehicle in the above parking lot.

The argument is asserted.

The degree of formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt.

A reasonable doubt refers to a reasonable doubt as to the probability of facts that cannot be matched with facts in accordance with logical and empirical rules, rather than all questions and correspondences, and such doubt based on conceptual or abstract possibility cannot be deemed to be included in a reasonable doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 201, etc.). The victim left the damaged vehicle at around 23:05, Apr. 14, 2017, after parked in the apartment C 108 front of the damaged vehicle and left the vehicle at the front of the damaged vehicle while leaving the vehicle at the front of the damaged vehicle, she turns out to the front of the damaged vehicle, while driving the vehicle at the vicinity of the Hague Shedle, and then parking the vehicle at the front of the damaged vehicle.