자동차불법사용
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is as follows: (a) from around 18:00 on July 15, 201 to around 19:00 on July 15, 201, the Defendant operated approximately approximately KRW 300 K without the victim’s consent, and temporarily used the victim’s automobile.
2. The judgment contains a police statement as to C as to whether the Defendant used the said vehicle temporarily or as such, and the content of C’s statement is that “C was returned after parking the said vehicle on its behalf, and the vehicle was damaged as it was returned, and the fuel was reduced.”
However, even if the above statement was made by C, such content alone cannot be readily concluded that the defendant used the above vehicle, so the above evidence alone is insufficient to recognize the facts charged.
Furthermore, since there is no other evidence to acknowledge the facts charged, this constitutes a case where there is no evidence to prove a crime, and thus, the acquittal is pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is announced