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(영문) 수원지방법원 평택지원 2019.07.19 2018고정444

재물손괴

Text

The defendant shall be innocent.

Reasons

1. The C Hospital located in Pyeongtaek-si B in the facts charged was permitted to occupy and use Pyeongtaek-si D Road (hereinafter “D Road”) from the Korea Rural Community Corporation in order to use it as access roads to the hospital, and the Defendant was in charge of landscaping construction of the said hospital.

On March 14, 2018, the Defendant: (a) around 10:00, at the above convalescent hospital, caused G in charge of landscaping construction to be 11,00,000 won or more of the market price on the land of Pyeongtaek-si F owned by the victim E in contact with D road, and caused inconvenience to the passage of emergency vehicles, thereby destroying the above 11,00, and thereby impairing its utility.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by this court, such as witness E, H and G’s respective statutory statements, i.e., (i) the Defendant concurrently served as a director of the said convalescent and as the head of the planning office from January 20, 2017 to December 15, 2018; (ii) the Defendant was damaged during the construction of the said convalescent; (iii) the spouse of the president of the said convalescent was deemed to have led to the said landscaping; (iv) G, a landscape construction business entity, made a statement that H had ordered the landscaping; and (iv) the victim stated that he/she would know why he/she was specified as the Defendant as the Defendant. The evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant was damaged, and there is no other evidence to prove otherwise.

3. According to the conclusion of the judgment, the instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the Defendant does not want the public announcement of the judgment of innocence, so the public announcement of the judgment of innocence is not ordered pursuant