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(영문) 서울중앙지방법원 2018.03.21 2017고정3092
재물손괴교사
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the revised facts charged was that the Defendant had difficulty moving to the Defendant’s dry field without passing through the dry field managed by the said victims, which was set up on the ground, in the dry field managed by the victim D (72 tax) located in Seocho-gu Seoul Metropolitan Government, around October 2016, in order to prevent vehicle traffic and use for crops cultivation.

Therefore, the F(52) who manages the Defendant's dry field had the F(52) choose the support stand set up in the dry field.

The defendant, at the above date and time, had F abandon the support unit to be managed by the injured party, and thrown away it in the vicinity, thereby preventing the cultivation of crops that have been depthd therein from normally cultivating.

Accordingly, the defendant instigated the above FF to damage the victim's property.

2. Determination

A. Criminal facts in a criminal trial ought to be established based on strict evidence with probative value that leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction may lead to such conviction, even if there are doubtful suspicions, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) Of the facts charged in the instant case, as to whether F (F) managing his dry field of the Defendant used to attract the victim from taking advantage of the support unit of this case, it is difficult to readily conclude the act of the said teacher by the Defendant in light of health and the following circumstances acknowledged by taking into account the evidence, and there is no other evidence to acknowledge it otherwise.

(1) The accused shall be from investigative agencies.

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