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(영문) 인천지방법원 부천지원 2014.04.09 2013고정1710
재물손괴
Text

The defendant shall be innocent.

Reasons

1. Around August 25, 2013, the Defendant destroyed the Defendant’s summary of the facts charged by exposing the individual mail box of KRW 30,000, which is the estimated cost managed by the victim at the entrance of the 306-dong 1st, Seocheon-gu, Seocheon-gu, Seocheon-gu, 306-dong 1st century.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(Supreme Court Decision 2009Do1151 Decided July 22, 2010, etc.). B.

Among the evidence submitted by the prosecutor, there are evidence consistent with the facts charged in the instant case, such as witness D’s legal statement, D’s statement statement, D’s statement statement, CCTV screen and mail box photographs. D’s statement to the effect that “I am going on August 25, 2013, and I am on the instant mail” in the police statement, and that “I am on August 25, 2013, it was discovered that I am on August 25, 2013,” in the police officer’s wire call at the time of the interrogation of the Defendant.” This statement to the effect that “I am on August 25, 2013, it was found that I am on the CCTV screen that I am on August 17:11, 203, because it is inconsistent with the record that I am on August 25, 2013, D’s statement at the police station cannot be trusted, and it is also difficult to see it for the first time in the police statement.”

On the other hand, however, it is.

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