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(영문) 서울북부지방법원 2020.07.23 2020고정413

재물손괴

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is between the victim B and the neighbor.

On September 1, 2019, around 09:56, the Defendant damaged the victim’s property by using soil from the roof of the above vehicle to the right door and glass door, on the ground that the victim parked a sexn vehicle (D) at the location where he parks his usual parking in Nowon-gu, Seoul Special Metropolitan City.

2. There are statements by the police of the victim as evidence that conforms to or corresponds to the facts charged in the instant case, the CCTV images installed in the damaged vehicle, the CCTV images installed in the vicinity of the instant Ba, and the result of the psychological physiological inspection of the Defendant (a false terminal detection inspection).

According to the above evidence, the victim made a statement to the effect that he is doubtful of the defendant, based on the fact that he was investigated by the police after filing a petition about the facts of the damage in this case, and the form of the defendant was confirmed in the vicinity of the damaged vehicle, the conversation between the defendant and the defendant at the time of the completion of the day, and the experience that he experienced similar damage in the street parking lot of this case before the day. According to the black stuff images and nearby CCTV images submitted by the victim, it is confirmed that the situation in which the defendant sees the damaged vehicle at the time near the damaged vehicle or moves towards the damaged vehicle in the direction towards the damaged part of the damaged vehicle and the surrounding part of the damaged vehicle are visible. The defendant first saw that he was able to go out of the damaged vehicle by putting alone tobacco.

In addition, the defendant's statement was judged as a false response as a result of the psychological physiological examination of the defendant.

On the other hand, according to the records, there is a blind spot that has not been taken as a black box installed on the front and rear side of the damaged vehicle, and the part of the damage in this case is that.