(영문) 서울남부지방법원 2016.08.25 2015고정2317

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(영문) 서울남부지방법원 2016.08.25 2015고정2317

재물손괴

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The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is the husband of the Victim C (AW, 60) and the husband of the Victim C, and the two husbands are the husband of the other spouse.

At around 09:00 on September 24, 2015, the Defendant damaged property equivalent to 280,000 won at the market price owned by the victim, such as that the victim’s market price located in a factory site in the Guro-gu Seoul Metropolitan City was laid on the floor to cut down the upper part of the display site, and the victim’s market price was set down in the same place at the upper part of the display site, and the victim’s market price was set up on the floor by 2 parts of the wooden display site in the same place at the same level as the market price of KRW 50,00,000.

2. The evidence conforming to the facts charged in the instant case has C’s statements, damaged photographs, and witness E’s legal statement.

A. Of the above evidence, C’s statements in this legal and investigative agency to the effect that the Defendant destroyed and damaged the display site that he/she had used by the Defendant is difficult to believe in the following sense:

1. C was placed at a place where the Defendant stored waste and damaged it, and immediately after its confirmation, C reported to the police, and on the same day, the police officer marked his photograph.

According to the witness E’s legal statement, the display site is dissembled and thus, it cannot be removed.

After assembly, one of the display places claimed by the victim was not able to cover too much in depth on the floor.

If the article was stored in a place where the waste is stored and damaged, the remaining damage on the day seems to be more depth of the waste.

② Even before the occurrence of the instant case, C filed a complaint against the Defendant for an unfashion, fraud, threat, power supply interference, and water supply in spite of the occurrence of the instant case, the Defendant was subject to a disposition that no suspicion exists. C is in a marital relationship with the Defendant, but C is in conflict with the Defendant while living together with his/her husband and wife at the factory operated by the

(b).

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