The defendant is innocent. The summary of this judgment shall be notified publicly.

The summary of the facts charged is that between April 19, 2011 and around 17:00 on April 19, 2019, the Defendant damaged the property of the amount equivalent to KRW 385,000 of the market price by putting the blods set up in the above d (ma, 41 years of age) and the refund of deposit within Daegu North-gu, Daegu-gu, as a matter of the victim D (ma, 41 years of age) who is the tenant, and the refund of deposit.

The lower court found the Defendant guilty of the facts charged based on evidence, such as witness D and E’s testimony at each court below’s trial, police statement on D, investigation report (the photograph taken by the complainant), etc.

Judgment of this Court

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to 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 of guilty, even if there is no such evidence.

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

(See Supreme Court Decision 2019Do17838 Decided April 9, 2020, etc.). B.

Examining the following circumstances acknowledged by the record, including evidence duly adopted and examined by the court below and evidence additionally adopted and examined by the court below, in light of the above legal principles, it is insufficient to deem that the evidence submitted by the prosecutor alone was insufficient to prove that the defendant damaged the blods as stated in the facts charged to the extent that there is no reasonable doubt, and there is no other evidence to prove otherwise.

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged in this case is erroneous.