(영문) 수원지방법원 2018.02.07 2017고정3247

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(영문) 수원지방법원 2018.02.07 2017고정3247

재물손괴

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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant is the owner of the building in the wife population C when permissible.

On June 13, 2017, at the front parking lot of the building above around 20:02, the Defendant damaged the property in which approximately KRW 1,835,601 is flicked, which is owned by the victim D and parked in the parking lot due to the reason that the Defendant parked in the parking lot.

2. Determination

A. The facts charged in a criminal trial must be proven by the prosecutor, and the judge must find the defendant guilty with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2005Do767, Apr. 15, 2005). (b) There are CCTV CDs (the quality and expansion improvement, investigation record No. 92, Sept. 13, 2017) using CCTV which was taken under the circumstances at the time when the facts charged were taken as the main evidence to support the facts charged in the instant case. According to the above evidence, the defendant parked his vehicle on the side of the damaged vehicle on June 13, 2017 and left it from the vehicle at around the same day: 202:02:25 from around 202 to May 36, 2017.

However, the following circumstances acknowledged by the records of this case, i.e., (i) even if the above images are used, the Defendant did not confirm whether the damaged vehicle is damaged (in accordance with the notification of image appraisal by the Supreme Prosecutors' Office regarding the above images, even if it is based on the notification of image appraisal by the Supreme Prosecutors' Office regarding the above images, the Defendant can observe the objects presumed to be the key of the vehicle only on the face of the Defendant, and the damaged vehicle is merely connected between the Defendant and the damaged vehicle, and it is difficult to clearly determine what the Defendant

참조판례

-대법원 2005. 4. 15. 선고 2005도767 판결

유사 판례

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