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(영문) 의정부지방법원 2012.10.17 2011고정2860
재물손괴
Text

The defendant shall be innocent.

Reasons

The Defendant, in the facts charged, was admitted to part of the D amusement park operated by C, and there was no appraisal due to the boundary problem of each other.

At around 13:00 on July 30, 201, the Defendant demanded the movement of a vehicle owned by C in salary class E, parked in the boundary part while performing the Defendant’s land boundary display work at the Damyeong-gun, Gyeonggi-do Gam Park, but it does not come into Category C, and the Defendant, while driving the vehicle after getting on the vehicle, destroyed the property equivalent to 610,445 won at the market price, such as f10,445 won, such as flicker and door, even if he flicker and door while driving the vehicle after getting on the vehicle.

Judgment

According to the evidence submitted by the prosecutor and the CCTV verification result of this court, C testified that the defendant was aware immediately after moving the vehicle, and the witness F testified that he was flicking the vehicle while flicking the vehicle, but he was flicking. According to the appraisal result of the National Institute of Scientific Investigation, C is identified as the same composition of the paint and the tea, which C was flicked on the ground that he was flicking the vehicle.

(1) The witness C and F did not directly witness the flat at the flat in the vehicle, ② the witness G was driven by the Defendant on the left side of the slope at the time, and testified that the location of the vehicle parked is lower than that of the flat, and ③ according to the witness C’s testimony and photograph, the flat in the vehicle is on the slope at the time of driving the vehicle, and the vehicle was flat down to the slope after the flat, and there is no reason to drive the vehicle in the direction that the Defendant flat down the vehicle in the direction that flatizes the vehicle into a slope and goes into the right side, and ④ the identity of the flat and the flat in the flat is confirmed, but that the flat and the flat of the vehicle are operated by the Defendant.

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