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(영문) 대전지방법원 2014.07.09 2013노3282
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

In full view of the following facts: (a) the summary of the grounds for appeal (the fact-finding) of the Defendant’s motive is sufficient; (b) the Defendant alleged that spits are spits on the victim’s vehicle; (c) however, the National Institute of Scientific Investigation requested appraisal to the National Institute of Scientific Investigation; and (d) the other amount found on the victim’s vehicle is revealed as the other amount of the Defendant’s vehicle; and (d) the Defendant’s telephone details were discovered at the location near the place

The summary of the facts charged in the instant case, around November 14, 2012, the Defendant: (a) spits spite in the front glass of the victim E-Wts owned by the victim, which was a parking problem in the Han-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; and (b) damaged the 7,543,976 won of the repair cost by flabing a flash with a flabing tool.

Judgment

The burden of proof for the facts constituting an offense prosecuted in the relevant legal doctrine criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s judgment that acquitted the Defendant on the ground that it is justifiable to have determined that the Defendant destroyed the string gate of the victim’s vehicle at the time and place specified in the instant facts charged, and thus, the Prosecutor’s allegation is without merit.

Even if the Defendant’s telephone details were discovered at the time and place of the instant facts charged, the Defendant’s telephone details are found.

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