특수재물손괴
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On April 14, 2017, the Defendant: (a) driven a C private bridge car on April 17, 2017; and (b) tried to change the course to two-lanes while driving the road in front of the “E cafeteria” road located in the Seogu Seo-gu, Daegu along the upstream with one lane from the surface of the arboretum to the surface of the upstream; (c) however, the Defendant tried to change the course from the surface of the arboretum to the two-lanes; (d) however, the Victim F driven in the same direction depending on the two-lane marked as “Yield” on the road, while driving the G gate car driving in the same direction without the yield of course; and (e) tried to drive the said car by driving it.
Therefore, the defendant, who is a dangerous object, changed the vehicle line from the first lane to the second lane, continuously prevents the victim from proceeding properly, and then damaged the victim's vehicle to the extent of KRW 479,000 of the repair cost, such as the exchange of the driver's bridge, by driving the vehicle in front of the victim's vehicle, the victim's driver's vehicle was not stopped and the victim's driver's driver's driver's driver's vehicle was able to take the back side of the driver's bridge by driving the vehicle in front of the victim's vehicle.
Accordingly, the defendant damaged the victim's property using a dangerous object.
2. Determination:
A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined even if there is a doubt as to the defendant (see Supreme Court Decision 2009Do1151, Jul. 22, 2010, etc.). B. The following circumstances acknowledged by the record, namely, the defendant, as the vehicle damaged by the investigative agency from the time to the present court, can be seen as the front part of the damaged vehicle.