재물손괴
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On December 31, 2017, the Defendant: (a) around 22:00 on December 31, 2017, posted food waste collection boxes in front of the “D” restaurant operated by the Victim C in Gwanak-gu in Seoul Special Metropolitan City; (b) removed food waste collection boxes in an amount equivalent to KRW 8,400, the market price of the victim’s possession; and (c) prevented food waste collection.
2. Determination
A. In a criminal trial, the conviction of guilt should be based on evidence with probative value, which could lead a judge to have a conviction of not having a reasonable doubt, to the extent that the facts charged are true. Unless such proof is given, the conviction of the defendant cannot be determined even if there is a suspicion of guilt against the defendant.
(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.
According to the records, while collecting various kinds of disuses in front of the restaurant operated by the victim around December 31, 2017, the defendant removed any kind of paper attached to the food waste lid, and the paper examined the paper of the paper and again put it above the waste lid.
한편 피해자는 이 법정에서 ‘음식물 쓰레기통 뚜껑 위에 붙인 종이가 위 스티커 밖에 없다’고 진술하면서도 ‘피고인이 맨 처음에 스티커인지 모르고 떼어내셨다가 다시 줍는 장면을 봤다. 떼었다가 아닌 거 같아가지고 다시 올려놨다가 떨어진 것을 몇 시간 흐른 후에 다시 줍는 장면을 CCTV로 봤다’고 진술하였다.
However, it is difficult to readily conclude that the above fact of recognition alone is a food collection poster removed by the defendant, even if the above fact alone, the defendant was removed from the above paper and immediately posted it on the door, there is no evidence to support the fact that the defendant left the door presumed to be the above poster after several hours, and even if based on the victim's statement.