재물손괴
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged of this case by misunderstanding the facts and adversely affecting the conclusion of the judgment, although it is possible to find the fact that the defendant damaged the vehicle by placing the vehicle on the side of the vehicle owned by the victim, in which the other side of the vehicle was loaded, and thereby making it possible for the defendant to take the other side of
2. Determination
A. The Defendant is presumed innocent until a judgment of conviction becomes final and conclusive (Article 27(4) of the Constitution of the Republic of Korea, Article 275-2 of the Criminal Procedure Act). In addition, the principle that “the interest of the Defendant is the interest of the Defendant when a doubt is raised” is not specifically prescribed in the Criminal Procedure Act, but is a major principle that controls criminal trials as the basic principle of a constitutional state inherent in
Therefore, the finding of guilt in a criminal trial should be based on evidence of probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a conviction, it is doubtful that the defendant is guilty even if there is no evidence to establish such a degree of conviction.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2014Do11771, Feb. 26, 2015). The evidence constituting a crime is presented by a prosecutor, and even if the Defendant’s appeal is unreasonable and false, it cannot be said that the Defendant is disadvantageous.
(see, e.g., Supreme Court Decision 2015Do3483, Jun. 19, 2018). B.
Comprehensively taking account of the following circumstances revealed by the record, the evidence presented by the prosecutor alone cannot be deemed as having been proven to the extent that there is no reasonable doubt as to the damage of a victim’s car by means of unfashing the Defendant, and there is no other evidence to acknowledge it otherwise.
1. Each of the defendants prepared by a judicial police officer.