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The defendant shall be innocent.
Reasons
1. In the facts charged, the Defendant: (a) was a member of D Company D who entered into the building management contract with the said building management contract; (b) the owner of the victim C building who already managed the said building is an illegal organization; (c) thus, the said new building management contract was illegal; and (d) refused to take over the business for the said building management.
On July 2, 2015, the Defendant: (a) opened and paid a kick of the entrance door of the 1st floor management room above C on the ground that the above victim did not harm the business transfer system for the management of the building as above; and (b) paid the same month after the Defendant opened the knick of the 1st floor management room above C on
6. Around 10:00, the key was laid down, and the key was destroyed to damage the sum of the repair cost, which is approximately KRW 270,000,00.
2. The first floor management room and the second underground floor management room (hereinafter “each of the instant units”) of the C building, which is an aggregate building for the defendant and defense counsel, fall under common areas. The defendant was an employee of D Co., Ltd. who signed a building management contract with E appointed as the manager of the C building, and the defendant opened the management room by the method of teaching keys, etc. after obtaining consent from E to open the above management room. Thus, there was no intention of property damage.
3. Determination
A. In a criminal trial, the prosecutor bears the burden of proving the facts constituting the crime, and the finding of guilt shall 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 a suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2013Do9605, Feb. 13, 2014). B. Taking into account the following circumstances acknowledged by the record, the defendant shall be a building management company.