(영문) 부산지방법원 2016.04.14 2015노3642 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.04.14 2015노3642

공용물건손상

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal does not reveal that the Defendant destroyed the scams between the police vehicles, and the Defendant’s face is not identified in the video recording of CCTVs for crime prevention adopted as evidence at the lower court. As such, the contents of CCTV recording cannot be confirmed that the person who destroyed the scams of the police vehicles is the Defendant.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's assertion of mistake of facts is not accepted, since the defendant can sufficiently recognize the fact that he damaged the police vehicle as stated in the judgment of the court below.

1) According to the CDs containing CCTV images for the purpose of crime prevention of treatment apartments, as long as they appear around the parked police vehicle, the remaining police vehicle that was destroyed by a mobile phone camera that had been destroyed by the order of the next west, taken by the police vehicle by hand, and the vehicle that was destroyed by a mobile phone camera that had been destroyed by the order of the next west, and the phone strings.

Although video is not continuous, in view of the fact that the male who has damaged the police vehicle and the fact that the body form and body form of the male who appeared at that time or appeared coincide with each other, it is confirmed that the male who photographs it with the mobile phone after the damage of the police vehicle and the man who photographs it with the mobile phone or makes a telephone are the same person.

2) The fact that the Defendant went to the vicinity of the police station around the time of the instant crime is recognized.

In addition, the defendant 12, at a time similar to the time of the above crime, calls from his own cell phone in the 112 comprehensive situation room, and "the patrol car is parked for about 30 minutes."

there is no person within this section.

The phrase "the vehicle was attached to the vehicle" was made.

If the defendant is not a male in the order of the police, there is no reason to make the above phone.

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