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(영문) 수원지방법원 성남지원 2019.01.10 2018고정896
재물손괴
Text

The defendant shall be innocent.

Reasons

1. On December 11, 2017, the Defendant destroyed the amount equivalent to KRW 1,806,000 in the estimation of repair costs by putting the freight loaded by the victim C (V) who was parked on the front road B in Gwangju-si, Gwangju-si, as the Defendant’s vehicle was not broken off due to DPoter II owned by the victim C (Y, 61 years old).

2. Determination

다. 피고인의 변소 내용 피고인은, 당시 피해차량에 전화번호가 남겨져 있지 않아 차량번호를 부르며 주인을 찾았지만 나타나지 않자, 차량을 두드리면 주인이 나타날까 하여 고무망치로 차량의 적재함 부분을 5회 정도 두드렸으나 생각보다 소리가 크지 않아 두드리는 것을 멈췄고, 두드린 정도도 차량을 찌그러뜨릴 정도가 아니었으므로, 피고인의 행위로 차량이 손괴된 것이 아니라고 수사기관부터 법정에 이르기까지 일관되게 변소하고 있다.

B. Determination 1) The main evidence of the facts charged in this case is the witness C’s legal statement, the statement in the investigative agency, the witness E’s legal statement and the vehicle repair confirmation document, and the vehicle repair photograph prepared by E. The victim C’s statement was in a clean color for the damaged vehicle prior to the occurrence of the instant case, and there was no defect in the vehicle. On the day of the instant case, the Defendant was placed at the front of the Defendant’s company, and the Defendant was driving the vehicle on the day of the instant case, and returned to the king of the vehicle, and the Defendant was suspected to have damaged the vehicle, and the Defendant was able to have taken a fluorial fluor, but the Defendant was said to have taken the fluorial fluor.

section 28(3) of this title.

In addition, the statement of E and the vehicle repair certificate prepared by E are that E was made clean by restoring the damaged vehicle to its external state and painting around November 2017.

c) damaged vehicles;

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