재물손괴
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On November 2, 2015, the Defendant: (a) executed construction works to set up a house in the land adjacent to the victim F owned by the victim F in Yangju-si on November 2, 2015; and (b) removed and damaged a stone shed worth KRW 30 million at the market price owned by the victim’s land located adjacent to the victim’s detached house owned by the victim F; and (c) by using a refratter between the victim’s house and the frat; and
2. Determination
A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to have the degree of confluence that could not have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent of ensuring the aforementioned conviction, it should be determined in the interests of the defendant even if there is doubt of guilt, such as the defendant’s assertion or defense is contradictory or unreasonable.
B. Among the evidence submitted by the prosecutor, there is a statement by the victim and by G police, which is an article of scambling, that supports the fact that the defendant intentionally destroyed the scambling owned by the victim.
However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the above evidence alone was proved that the defendant intentionally destroyed the above tiny.
It is difficult to see, and there is no other evidence to acknowledge it.
1) The complainant stated to the effect that it is the responsibility of the Defendant, a building owner, and that he was not aware of whether the Defendant instructed the site manager to remove tins at the time of the instant case, including the articles of scoods.
2) G made a statement to the effect that the Defendant, the owner of the building at the police, was deprived of the stone shed in response to the falls set up at the stone shed by the Defendant.
However, G appeared as a witness in this Court and directed at the site of construction work.