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(영문) 부산지방법원 2013.07.18 2013고정233

재물손괴

Text

The defendant shall be innocent.

Reasons

1. On October 20, 2012, at around 21:22, the Defendant, under the influence of alcohol, was able to take signals on the one-lane crosswalk stop line in the second-lane road in front of the death and death agricultural cooperative in the Seopo-dong of Busan thought, and the Defendant was able to take a walk on the part of the victim C’s private taxi boat, which was inside the Defendant, and subsequently, the Defendant was damaged so that he could not know the cost of repairing the said vehicle with a sound to the persons who walked on the main set of the said vehicle and passed on the crosswalk, and that he could not know the cost of repairing the main set by reducing the 20 centimeters.

2. Determination:

A. The burden of proof of criminal facts prosecuted in a criminal trial is that the prosecutor bears the burden of proof, and the conviction should be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. As evidence consistent with the facts charged in the instant case, the witness C’s legal statement and each statement about C are written evidence.

However, the following circumstances acknowledged by the evidence duly admitted and investigated, namely, ① each statement of C, when the Defendant was on the part of the taxi that he / she gets off and discovered that he/she was flick in the process of investigation by the police, and when she was flick in the outside of the vehicle on the day of the case, he/she was damaged because he/she did not have a flicked country. ② C stated that the Defendant did not flick or damaged the vehicle while she was on the part of her own vehicle, ③ the Defendant did not flick or damaged the vehicle, ③ the Defendant stated that he/she did not flick or damaged the vehicle while she was on the part of her own vehicle. If the same damage as the facts charged in the instant case was caused by the Defendant on the part of her flick,