(영문) 대구지방법원 2016.07.13 2015고정2977

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(영문) 대구지방법원 2016.07.13 2015고정2977

재물손괴

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The defendant shall be innocent.

Reasons

1. On September 12, 2015, the Defendant: around 08:38, the Defendant: (a) damaged the victim E’s lapsing part of the back penter part of the Flap vehicle parked on the D’s front road run by his/her his/her his/her care, thereby damaging KRW 1,098,227 of the repair cost, by influenting the right side of the victim E.

2. Determination

A. Although there are E’s statements, black image, damage estimates, and photographs as evidence that seem to correspond to the facts charged in the instant case, the said evidence alone was proven without reasonable doubt for the following reasons.

shall not be deemed to exist.

(1) The statements made by E in this court and in the investigative agency are “I am set up a vehicle on the front of a restaurant at night and locked at other places. At no later than 9:0 a.m., the Defendant was forced to cut the vehicle, and there was a flick flick in front of the restaurant.

Since confirming the boom image, when the defendant passes through the next place, the flag was reported by sound.

“.” The content of “E is not a direct witness to the instant crime, and it is an exceptional case that E calls from the owner of the vehicle any other way after the Defendant destroyed the vehicle and got over ten minutes from the vehicle.

According to the Shebbbbs image, ① 08:36 around 08:36, when the Defendant saw the object that the Defendant seems broom, and the rear side of the damaged vehicle passes, ② around 08:38, when the Defendant walked from the front of the damaged vehicle’s auxiliary seat to the side of the vehicle and walked on the side of the vehicle to the right side (on the rear side of the vehicle), and the Defendant walked from the left side of the vehicle to the right side (on the rear side of the auxiliary seat), there seems to have been a snick and snick that seem to have tobacco to the left hand in the process. If the Defendant saw again in the opposite direction, and 308:42 around 10, the Defendant does not embling it into the front and the restaurant.

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