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(영문) 제주지방법원 2016.08.11 2016노51

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to each evidence submitted by the prosecutor, the court below found the defendant not guilty of the defendant, as stated in the facts charged, even though it can be found that the defendant got the victim's blue unit in two parts and expected the body, such as the statement in the facts charged.

2. Determination

A. On September 20, 2014, the Defendant reported to the victim E (35 years) a vehicle parked in India in front of the trade name “D” on September 20, 2014, and reported to the victim E (25 years old) as “on the part of the victim’s vehicle with illegal parking.” The Defendant, upon contact with the police officer, went to the victim at the scene (31 years old) and brought about a dispute on the ground that he/she expressed his/her desire to do so.

In the course of the dispute, the defendant, while taking the part of the F vehicle, which is the damaged vehicle, in his/her own blue and expected his/her body, damaged the property that is equivalent to 646,800 won of the repair cost.

B. The lower court determined as follows: (a) based on the evidence, such as the witness E, G, and H’s respective legal statements, pictures related thereto, and general repair cost estimates, the Defendant’s use of the main set of the damaged vehicle in the place as a blue blue, and smoked tobacco; (b) the victim left the repair of the damaged vehicle at this time, and can be recognized that the damaged vehicle was carried 646,80 won in the repair and painting; and (c) the Defendant’s personal body was considerably large; (d) there was a doubt that the damaged vehicle is not a blue due to the above act by the Defendant, but there was a damage that can generally be divided into the legal principles and legal principles in the event of a human body being loaded into the main body, but this is different depending on the location of the main set, the attitude of the blue, and the degree of loading the body of the flue, and the instant vehicle is mixed with the outer substance of the damaged vehicle.