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(영문) 창원지방법원 2016.02.04 2014노2547
재물손괴
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds of appeal is that the Defendant, even though at the time of the instant case, was in the scam room located in Busan at the time of Busan, on the basis of the evidence which lacks probative value, the Defendant shouldered the victim’s business glass room E as stated in the charges.

The lower court, which determined the person, erred by mistake.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, it is recognized that a person, prior to 07:00 on December 26, 2013, 2013, has set up a car on the road 20 meters away from the Kaco Center in the vicinity of the "C" Kaco Center located in Kim Sea-si, Kim Sea-si, on the road located near the Kaco Center located around the Kaco Center located around the Kaco Center, around 09:14 on the same day, had a stone straw at the front and rear of the Kaco Center, and continued to set up a 2 head of the glass window of the Kaco Center, and continued to set up the Kaco center around the 09:58 around the 09:58 around the day.

The key issue of this case is whether a person is a defendant or another person.

B. In the trade name of “G”, M engaged in the automobile maintenance business by phone calls from the investigative agency, and did not receive a male who had been on the front of the above temporary holiday C, and had been engaged in personnel affairs in the past two times at the same time, and later, there was the favorable interest of “C”.

The male has a white benz SLK.

A statement was made to the purport that “the male shall comply with the Defendant,” and in addition to the above statements in the trial court, the court made a statement to the purport that “the male shall be deemed to have been independent and the face may not be accurate, but in light of height, body form, rara, etc., the male shall be deemed to have been the Defendant.”

M’s statement is believed as an objective testimony in light of the fact that its content is consistent, concrete, and includes a description of the present special situation, or the attitude of the statement in the court, etc., and it is somewhat somewhat likely that the Defendant is a very physical and sound disorder and uneasiness.

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