The defendant shall be innocent.

1. On October 2, 2018, the Defendant: (a) around 22:40 on October 2, 2018, operated a C bus belonging to B on the road in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, 335, and caused the victim D, who was waiting for a right-hand line, to turn off the part to the right-hand right-hand side of the M5 vehicle, on the ground that the victim D, who was waiting for a right-hand line, turned on a pedestrian signal on the crosswalk.

2. The judgment prosecutor prosecuted the Defendant for the crime of property damage on the ground that the Defendant gets off the string part of the victim vehicle, that the Defendant was found in the damaged part of the instant case as a result of on-site identification, that the Defendant’s unloading part of the bus string video is almost consistent with the damaged part of the instant case, and that the part of the instant case is almost consistent with the victim’s statement.

The defendant recognized that the victim's vehicle was driven by a bus driven by the victim during the stop in the traffic signal crossing, and the defendant argued that the victim's vehicle is a part adjacent to the left-hand side, not the damaged part, but the right-hand side of the victim's vehicle. However, the circumstance such as the fact that the left-hand side of the damaged part from the field identification photo does not seem to be visible to the victim's floor on the left-hand side.

그런데 위 블랙박스 영상에 의하면, 피고인은 피해자 차량이 움직이고 있던 상태에서 오른 손바닥으로 트렁크를 내리쳤고, 피해자 차량을 불러 세우려는 의도였던 것으로 보이는데, 이 사건 손괴 부분은 차량 트렁크 우측 곡면으로서 움푹 들어간 상태인바 피고인이 내리친 높이와 방향, 영상을 통해 본 강도에 비추어 움직이는 차량을 손바닥으로 내리쳐 발생한 것으로는 보기 어렵다.

Recognition of guilt in a criminal trial shall be based on evidence of probative value, which leads a judge to believe that the facts charged are true enough to the extent that there is no reasonable doubt, and the prosecutor submits it.