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The defendant shall be innocent.
Reasons
1. On January 9, 2014, the Defendant: (a) obtained a successful bid of the first floor 101 and 102 below the Do government-si D Building 1, 101 and acquired ownership; (b) subsequently, the victim E, the possessor, in collusion with the head of the management office G, conducted an identification of the password of the entrance electronic locking device from the head of the management office in relation to the establishment of the building; and (c) subsequently, the Defendant, in collusion with the head of the management office G, decided to install the CCTV camera by entering the entrance into the building; and (d) to change the password of the above electronic lock device, the victim owned.
According to the above cap, on January 2014, F discovered the password of the entrance electronic locking device from the head of the management office G on January 2014, 2014, F installed a CCTV camera into the building, and changed the password of the above electronic locking device, which is the victim's ownership, and prevented the victim from entering the building any longer and making it no longer possible to make the business preparations of the age club.
As a result, the Defendant conspired with F to intrude into a structure managed by the victim, has impaired the utility of an electronic locking device owned by the victim, and has interfered with the victim's age club business preparation by force.
2. Determination
A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined in the interest of the defendant even if there is no such evidence.
(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.
The crime of intrusion on a structure is a crime that infringes on the peace and safety of a human habitation or management place.
As to the instant case, the Health Council;