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(영문) 대구지방법원 2018.02.21 2017노1287
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statement of the victim's investigative agency, F's statement, damaged photograph, etc., the gist of the grounds for appeal can sufficiently recognize the fact that the defendant has damaged the front of the vehicle owned by the victim.

Although the court below found the Defendant not guilty of the facts charged of this case, it erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person engaged in acting as an agent driving business.

On July 17, 2016, the Defendant: (a) 337 Dong-gu, Nam-gu, Seoul and 337 Dong-gu, Nam-gu, Mapo-gu, Mapo-gu, Mapo-dong, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-ro

B. The lower court acquitted the Defendant of the instant facts charged on the following grounds.

“The Defendant and the other party to the instant vehicle (hereinafter “instant vehicle”) have damaged the front glass of the victim’s vehicle (hereinafter “the instant vehicle”) and they have directly been witnessed.

It is a matter asserted.

At the time of the police investigation, the victim considered that the defendant returned to the vehicle of this case after he was faced and the victim broken the front glass from the outside of the vehicle.

On the other hand, the defendant appeared to have been aware of the full glass of drinking inside the vehicle because the victim was satisfyed.

The argument is asserted.

The police confirmed the state of damage to the front glass of the vehicle repairer who replaced the front glass of the instant vehicle, and the F stated that the front glass of the instant vehicle is double contact glass, and the inside glass was not damaged, and the inside glass was damaged, and the inside glass was damaged from the outside, and that this form of damage cannot be absolutely caused to be taken out from the inside. The prosecutor stated that the victim's statement is more reliable based on the F's statement.

judgment of this case against the defendant.

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