The defendant shall be innocent.

1. On February 24, 2019, the Defendant: (a) around 00:00 on the underground parking lot of an apartment building in Seongdong-gu Seoul, where the Defendant was living and was driving a car at around 23:45 on the preceding day and entering the said apartment house, the Defendant destroyed the said car to cover KRW 22,838,475 on the repair cost, on the ground that the vehicle driven by the Defendant was flicked and damaged by a flick on the road flick, and the vehicle parked in the said parking lot was flicked and damaged.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt, and thus, in a case where the prosecutor’s proof fails to reach such a level as to have the aforementioned conviction, the determination ought to be based on the benefit of the defendant even if there is suspicion of guilt.

(See Supreme Court Decision 2010Do14487 Decided April 28, 201). Direct evidence on the facts charged in this case pertains to CCTV images (Evidence No. 6, No. 9) taken by the Defendant on February 23, 2019, where the Defendant 23:58, and the Defendant 23:58, and 00:00 on February 24, 2019, after destroying the victim’s vehicle, and then getting up the Fdong elevator (No. 2) again from the first floor on February 24, 2019.

According to the health stand, the record on whether the above defendant is an offender, the victim's vehicle was impregnating the rear wheels of the defendant's vehicle in the place where the victim's vehicle was stopped, and the defendant was aware of the place where the victim parked, considering that the victim was parked while getting on his/her own vehicle and getting on his/her own vehicle, the defendant was listed in the elevator (No. 1) and then went on his/her own residence (Gho) and went about seven minutes after going on his/her own house.