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Of the facts charged in the instant case, each of the instant charges is acquitted. As to the assault of each of the instant charges.
Reasons
【Unguilty Part】
1. Each of the facts charged
A. On March 29, 2018, at around 14:20, the Defendant: (a) took a bath at the house of Kimhae-si B (hereinafter omitted); (b) the Defendant 45 years old, expressed that the Defendant assaulted D, she was frightened by the victim; (c) she was skeing the victim’s head collection; (d) she was sold by drinking; and (e) she was fright to the right side of the victim, which was a dangerous object located on the floor.
In this respect, the defendant carried dangerous objects and assaulted the victim.
B. The Defendant suffered property damage.
In the course of assaulting the victim D, etc. at the time and place mentioned in the port, as above, the victim's property was damaged by putting the 60,000 won of the market price, which is the victim's possession in the living room, by hand, putting TV up so that the repair cost equivalent to 30,000 won, which is the victim's possession, can be turned up, and the receipt in the main room is carried out at the same time and place, thereby damaging the victim's property each by destroying a crupt, an electronic siren, and a sobry net so that the repair cost equivalent to 430,000 won, which is equivalent to 430,000 won, can be taken.
2. 피고인 및 변호인의 주장 특수폭행의 점과 관련하여, 피고인은 위 공소사실 기재와 같이 피해자에게 욕설을 하거나 위험한 물건인 맥주병을 집어 던지는 등 피해자를 폭행을 한 사실이 없고, 단지 피해자가 술상을 엎는 과정에서 술병이 나뒹굴며 난장판이 되었을 뿐이며, 재물손괴의 점과 관련하여, 피고인이 피해자들과 몸싸움으로 엉겨 붙어 뒹구는 사이에 물건들이 파손되었을 수는 있지만 피고인이 고의로 위 공소사실 기재와 같이 물건들을 손괴한 사실은 없다는 취지로 주장한다.
3. The burden of proving the facts charged in a criminal trial for judgment is the prosecutor, and the conviction is true to the extent that there is no reasonable doubt by the judge.