The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is to examine the victim's vehicle's surrounding condition in order to find commemorative coins, and there is no fact that the damaged vehicle was damaged by flaging the damaged vehicle with an insulgic tool.

Nevertheless, the judgment of the court below which sentenced the defendant guilty is erroneous in misconception of facts.

2. The following circumstances acknowledged by the court below, i.e., ① the Defendant was parked in a parking space by driving a vehicle to park a vehicle at around 04:45 on March 4, 2012, which were lawfully adopted and investigated by the court below; ② the Defendant was parked in another place without parking his vehicle due to the victim’s vehicle being parked up to the next parking space; ② at around 04:50 on the same day, the Defendant was quih with the victim’s vehicle surrounding the victim’s vehicle while parked and walking the vehicle; ② the Defendant stopped 10 meters away from the lower part of the said vehicle; ③ the Defendant was able to find that the victim’s vehicle was destroyed and damaged on the same day; ③ the Defendant’s vehicle was parked, and the Defendant was able to see that the Defendant’s vehicle was flick at the rear part of the said vehicle, and the Defendant was able to see that the Defendant’s vehicle was flick at the front part of the vehicle.