재물손괴등
The defendant is innocent. The judgment of this case shall be published.
1. On October 27, 2014, the Defendant: (a) around 10:30 on the second basement floor of the building managed by the victim D in Daegu-gu, Daegu-gu; (b) on the ground that electricity was cut off, the key repair contractor released the entrance lock locking device of the corrected entrance on the ground that electricity was cut off; and (c) caused damage to the entrance locking device and intrudes on the structure managed by the victim.
2. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2013Do10316, Jan. 16, 2014). (b) The following facts are acknowledged according to the evidence duly adopted and examined by the court.
1) The Defendant is a person who, on July 2014, rents and uses six floors among Daegu-gu C Building (hereinafter “instant building”) from the LAE.
2) F is a company that claimed the right of retention on the instant building. D is a person delegated by the said company with the authority of custody and management, and D prevents electricity on the sixth floor of the instant building around October 25, 2014.
3) On October 25, 2014, the Defendant filed a 112 report stating that “No security equipment is operated due to the blocking of electricity” from G, a security business entity, by telephone, the Defendant filed a 112 report on the following: (a) around October 10 to 11:0 on October 27, 2014; and (b) around October 27, 2014.”
4) At the Defendant’s request, the H key to the H key attached to the second floor electric distribution room of the instant building: (a) finds out that the key to the H key to the instant building was not set locks under the visit of the police officer dispatched to the site; and (b) opens the door and open the door, and KRW 15,000 at the business travel expense.