(영문) 부산지방법원 동부지원 2017.01.18 2016고정929

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(영문) 부산지방법원 동부지원 2017.01.18 2016고정929

재물손괴

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the charge is 2016

5. At around 21:00, at D main points located in Nam-gu Busan Metropolitan City, around 200, the victim, who gets a drinking together with the victim E (53 tax), did not pay the drinking value, and the victim, who did not pay the drinking value, was exempted from the victim's safety, and thereby, destroyed the border of 150,000 won or less at the market price by undergoing the victim's safety care.

2. The defendant claiming that he had no damage to the victim's safety; and

3. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is doubt of guilt against the defendant (Supreme Court Decision 2010Do332 Decided July 8, 2010). (b) In full view of the facts acknowledged by the evidence duly adopted and examined by the court, the evidence submitted by the public prosecutor alone is insufficient to acknowledge the fact that the defendant destroyed the awareness of E, and there is no other evidence to acknowledge it.

In other words, the defendant consistently asserts that there is no fact that the defendant has been damaged due to the safety of the victim since the investigative agency.

② H. H. H. H. H. H. H. H. management personnel of the packaging center had been in the middle of the management litigation, and the Defendant and the victim were in the middle of the management litigation.

When the victim's bucked with the inside of the defendant, the inside of the defendant fells from the floor.

Along with the fact that the injured party was able to find a safe border, it was found that there was plastic materials that were not well shouldered, and that there was no particular damage.

(F) I wish to speak this fighting, the Defendant enters the main place, and the victim out.

유사 판례

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