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(영문) 수원지방법원 성남지원 2019.11.21 2019고정538

재물손괴

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On November 1, 2018, the Defendant damaged 2,156,836 won at the fifth underground floor of the building in Seongbuk-gu, Sungnam-si, Seoul-si, without any particular reason, to repair the parts of the back part of the BM 640D car, which was owned by the victim C, on several occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Written estimate of vehicle repair expenses;

1. On-site photographs, photographs of damage, images of damaged parts and CCTV images, and the results of visual analysis;

1. We examine evidence video CDs and defense counsel's denial of crimes.

In a criminal trial, the formation of a conviction must not necessarily be formed by direct evidence, but by indirect evidence, the indirect evidence should not be individually or separately assessed, and the indirect evidence should be assessed in a comprehensive manner with mutual relation with each other in all respects, and it should be evaluated in a consistent and contradictory manner.

In addition, the probative value of evidence is left to the discretion of a judge, but the judgment should be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and it is not allowed to dismiss evidence which is recognized as having probative value by causing a suspicion without reasonable grounds to go beyond the bounds of the principle of free evaluation of evidence.

The term “reasonable doubt” refers to the reasonable doubt of the probability of facts that cannot be matched with the facts in accordance with logical and empirical rules, rather than all questions and correspondences, and it should be based on the equisition theory that grasps the circumstances favorable to the defendant in relation to the finding of facts.