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(영문) 대구지방법원 2019.07.19 2019노831

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below that found the defendant guilty in the absence of the fact that the defendant damaged the victim's car free will, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

2. Determination

A. The lower court determined that: (a) the Defendant and the defense counsel argued to the effect that the Defendant and the defense counsel “the Defendant misleads the Defendant with the vehicle of son around 08:13 on March 17, 2017 and did not cover the victim’s vehicle board”; (b) the Defendant’s vehicle model differs from the vehicle mother transfer; and (c) the vehicle number of the victim is not completely similar; (d) the Defendant’s mistake of the vehicle does not easily have the defense that the Defendant misleads the vehicle; (b) the Defendant went to the underground parking lot to determine whether there was a vehicle in order to determine whether she had no house on the day of the instant case, but, on March 17, 2018, she died of the road of 13 minutes in front of the vehicle of 13:0 p.m. on March 17, 2018.

The suspect has already been specified, and evidential materials are scheduled to be submitted after receipt of the police station on the Saturdays.

(A) The last opportunity for the speech of the plenary session is the phone number for the vehicle in which the plenary session is attempted to murder, and the contact time is reached.

'라고 기재된 경고 종이가 자신의 집 앞에 있는 것을 보고 바로 다음날 CCTV를 확인하러 갔다는 것이나, CCTV 확인 중 경비실 당직자가 자신을 범인 취급하는 것이 기분 나빠 그냥 나왔다는 것까지, 피고인의 일련의 행동들에 대한 설명도 부자연스러운 점, ③ 2018. 3. 17. 9:30 무렵 차량 운행이 불가능할 정도로 타이어 바람이 빠져 있었고, 그것도 양쪽 타이어가 함께 뾰족한 것에 찔려 있었던 점에 비추어 볼 때, 피고인이 피해자의 차량에 다가갔을 당시 피고인의 손에 기다란 물체가 쥐어져 있었고, 피고인이...