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(영문) 창원지방법원 2017.10.19 2017고정338
재물손괴
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a construction business operator who newly constructs the studio multi-family house after purchasing the H and I land at Kimhae-si, and the victim J (63) is a landowner of K who is a boundary with the above land.

On June 2015, for the construction of the studio multi-family house, the Defendant appears to have “L” of the amended indictment for the said K to be the clerical error in the K.

The victim's 3girs (the victim's estimated 4,350,000 won) of each room owned by the victim was cut by a method of cutting threegs of each room owned by the victim without the victim's permission.

2. Determination

A. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined (see, e.g., Supreme Court Decisions 2000Do1568, Jul. 28, 2000; 200Do4946, Feb. 9, 2001). (b) First, the facts charged in this case were planted by 3 glus trees in each room on the K and I land of Kimhae-si, and 3glus (hereinafter referred to as "plus trees in this case") on the premise that the facts charged in this case are the cattle of the complainant, and therefore, the above premise is proved.

1) The complainant planted the trees of this case with the father of the complainant.

In accordance with this point, the complainant's investigative agency and this Court have made statements, but 1) the complainant's sibling was living together with his father on 195 and the father at the Dong office on 195, and the father of the Dong office received free seedlings in the Dong office, and the father and the father were in the vicinity of the Dong office.

The complainant is specifically stated, 2. The complainant is against this.

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