(영문) 서울중앙지방법원 2015.09.17 2014고정5558

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(영문) 서울중앙지방법원 2015.09.17 2014고정5558

재물손괴

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The defendant shall be innocent.

Reasons

1. On July 24, 2014, the Defendant: (a) around 11:00 on July 24, 2014, reported that the EM5 vehicle owned by the victim D is parked in the Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government CBD parking lot; and (b) called the victim to get off the vehicle, and then damaged the vehicle by making the victim knife his/her hand over the knife in front of the driver’s seat of the victim so that the amount equivalent to KRW 45,720 is exceeded.

2. According to the result of a review of the video of the judgment black picture, the fact that the defendant waits for the victim and knife three times the driver's seat in front of the victim's driver's seat while waiting for the victim. However, even when considering the situation that the defendant was going into a vehicle parked by the victim at the time, considering the fact that the defendant's knife of the vehicle was recorded in front of the vehicle, it is difficult to deem that the defendant was knife by "knife" the victim's knife in front of the vehicle when knife the victim returned to the contact with the defendant, and that the sound was almost similar to that of the victim when knife the victim knife the driver's seat in front of the vehicle.

Even if the defendant was found to have been able to knife the driver's seat prior to the victim's driver's seat, the evidence submitted by the prosecutor, such as the witness D's legal statement and the damaged photograph, alone, is difficult to recognize that the defendant was knife the victim's driver's seat prior to the victim's driver's seat with the intention of damaging the victim's driver's seat, such as recognizing the result of the damaged driver's seat prior to the victim's driver's seat, and it is difficult to recognize

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime and thus a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act: Provided, That the purport of the public announcement of the judgment of innocence is to be made pursuant to the proviso of Article 58 (2) of the

참조조문

-형법 제58조 제2항

-형사소송법 제325조

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