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(영문) 수원지방법원 성남지원 2013.12.19 2013고정1573

재물손괴

Text

The defendant shall be innocent.

Reasons

1. On March 18, 2013, the Defendant: (a) around 08:43, the 104-dong parking lot in Gwangju-si, the Defendant: (b) parked the Dunst vehicle operated by the victim C (the age of 31) around the 104-dong parking lot in order to obstruct the passage of other vehicles; (c) thus, the Defendant destroyed the repair dog’s aesthetic property by making the said vehicle flown on the Bobs of the said vehicle a method that sets off onto the Bobs of the said vehicle.

2. According to the result of this court’s verification, the witness C stated that the Defendant was at least 40 cms above the rocketing vehicle beams, with a length of not less than 10 cm in length, and that it was at least 10 cm above the Bods.

However, according to CDs (2013-03-18:46 to 08:43:46, among the 104 parking lots.avi files), the Defendant was merely engaged in an act of cutting off a container with plastic material on the front line of the foregoing vehicle unit and then putting it up again once again. The Defendant was required to 2 seconds.

Therefore, it is difficult to recognize that the vehicle was damaged by the defendant's above act.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, is acquitted under the latter part of Article 325 of the