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Reasons
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(영문) 수원지방법원 2016.04.21 2015고정1832
재물손괴
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a person who is in a relationship with the victim C, and is a person who is in a relationship with the victim C.

On February 2, 2015, from around 05:45 to around 06:35 on the same day, the Defendant damaged the victim’s vehicle to have a knife with knife the rear wheels of the EMW vehicle parkeded by the victim with a knife, with a knife, on the back side of the front parking lot of 103 Do 11 to 12 Ra, Gan-si apartment in the Gan-si Sin-si-si-si-si-si-si-si-si-si-si-si-si, and with a knife of the eMW vehicle parkeded by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police with regard to C;

1. Photographss of parts of the vehicle damaged and photographs damaged by the vehicle;

1. A investigative report (CCTV investigation) and CCTV video CDs;

1. Capturing a CCTV image on the screen;

1. Written estimate;

1. Investigation report on the case to be damaged by property;

1. Application of investigation reports (Submission of a detailed statement of insurance processing of damaged vehicles) Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant does not have any act of damaging the same as what was written in the facts charged.

2. Determination

A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a conviction, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

However, such a conviction is not necessarily required to be formed by direct evidence, and it is formed by indirect evidence unless it violates the rules of experience and logic, and indirect evidence is individually criminal facts.

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