The defendant shall be innocent.

Punishment of the crime

1. The summary of the facts charged in the instant case is as follows: “Around September 26, 201, the Defendant found DNA apartment Nos. 102-dong 904, the victim’s residence of the victim C, and confirmed that the apartment should not enter the entrance after opening the entrance door of the apartment at around 102-dong 904, Gwangju Northern-gu, the victim’s residence, and confirmed the victim’s house into the living room, and invaded the said victim’s house into the living room, and destroyed the market price of 50,000 won owned by the said victim.”

2. As to the above facts charged by the defendant, the defendant asserts that there is no fact that he leaves the victim's house before the victim's house, or that there is no fact that he has entered the victim's house or damaged him.

3. Determination

A. The evidence corresponding to the facts charged in the instant case contains the statements in the investigative agency of the victim C (hereinafter “victim”) and in this court, the statements in the E investigative agency that witnessed the Defendant’s crime, and the statements in the F’s investigative agency and in this court that witnessed the Defendant’s crime. However, the above evidence is hard to be easily believed and there is no other evidence to acknowledge the facts charged in the instant case.

B. First, E makes an oath and testimony in this court, and makes a statement to investigation agency as the victim does not appear or make a statement differently from the facts. He did not appear in the place where the crime was committed in this case, and therefore, he did not hear the criminal scene of the defendant or the situation thereafter. Thus, E’s statement to investigation agency is difficult to believe.

C. Next, F states that investigative agencies and this court had observed the Defendant’s crime, but G and H stated that F did not re-enter the victim’s apartment at the time stated in the facts charged in this court, and that the victim’s apartment is I.