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(영문) 수원지방법원 성남지원 2018.10.25 2018고정609

재물손괴등

Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is the director general of the C Management Division who manages the building of the B market in Seongbuk-gu, Sungnam-si.

On November 30, 2015, the Defendant opened a health care center on the first floor of the above B building and renewed a contract on a one-year basis. The reason for termination of the contract occurred, and as a result, the Defendant did not renew the contract without being aware of the demand of the management group by November 30, 2017.

The victim has accepted all of them and requested renewal of the contract, but the victim continues to engage in health care business in a situation where the contract is not unilaterally extended.

A. On December 5, 2017, at around 10:00, the Defendant damaged the key stuff in an amount equivalent to 30,000 won of the market price owned by the victim D by the victim, by removing the key stuff installed in the previous door door and installing a new key stuff in order to manage the door within the head of the health room operated by the victim D of the first floor underground of the building E in Seongbuk-gu, Sungnam-si.

B. Around 11:00 on December 5, 2017, the Defendant: (a) measured the size of the head of the family, who was engaged in taking lessons in order to estimate the removal of the head of the health room at a place, such as the foregoing “A” clause, and thereby caused the Defendant to interfere with the class.

Accordingly, the Defendant interfered with the victim's health care business by force above.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence with probative value that makes a judge feel true enough to have no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.).