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(영문) 인천지방법원 부천지원 2013.08.07 2013고정343

재물손괴

Text

The defendant shall be innocent.

Reasons

1. On November 17, 2012, the Defendant damaged part of the charge amounting to approximately KRW 403,00,00 in the cost of repair by force cutting the cell phone used by the victim on his/her hand in order to report the assault at the home fluor underground floor located in the Kimpo-dong, Kimpo-si, Kimpo-si, Kimpo-si on November 17, 2012.

2. According to the evidence examined in this court, at around 15:40 on November 17, 2012, the date and time indicated in the facts charged, the defendant forced the victim's cell phone (LG options model) to leave the victim's cell phone with his/her left hand at the place indicated in the facts charged, and returned the victim's cell phone to the victim's speech that he/she returned the Maart's cell phone, and the victim who returned the cell phone was found to not operating the cell phone and entrusted the repair to the repair center. The cell phone was destroyed by the large line and was damaged by the 20 cell phone, and the cell phone was found to have been used by the police station on November 26, 2012 as evidence, and the victim was found to have been 20 on March 126, 2012, and the victim was found to have been 10 on the 20th day of the 20th day of the 20th day of the 20th day of the 20 cell phone.

위 인정사실에 의하면, 피해자의 주장처럼 이 사건 공소사실 기재 일시 직후에 이 사건 휴대폰의 수리가 맡겨졌다고 보기에 부족하여 피고인이 이 사건 휴대폰을 손으로 움켜쥔 행동 외에 이 사건 휴대폰에 다른 물리력이 가해졌을 가능성을 완전히 배제하기 어렵다.

In addition, the act of the defendant alone became the cell phone of this case.