재물손괴
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal asserts that, although the Defendant had taken off the off-to-land for parking, in this process, even though there was no damage to the part behind the spackk car owned by C, the lower court erred by misapprehending the fact that the Defendant damaged the car owned by C, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. On July 9, 2013, the Defendant: (a) around 22:00 on the charge of the instant case: (b) around 647-41, the Defendant destroyed the back-wave of the instant sprink on the ground that C parked the sprink at the above location on the ground that C parked the sprink; (c) “I have parked the sprink; (d) I have left the sprink at this point; and (e) C’s D sprink, which was parked adjacent to the sprink (hereinafter “instant car”); and (e) caused damage to C’s back-wave vehicle to cover approximately KRW 230,000 for repairing the sprink.
B. The lower court found the Defendant guilty of the instant facts charged.
C. 1) The recognition of facts constituting an offense in the relevant legal doctrine ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent of undermining the aforementioned conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 201). In addition, as a subjective element of the constituent elements of the crime, it refers to a case where the possibility of the occurrence of an offense that does not exist and it is permissible in light of the awareness of the possibility of the occurrence of the crime, and furthermore, the prosecutor must have the intent to deliberate not only to have awareness of the possibility of the occurrence of the crime, but also to allow the risk of the crime.