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(영문) 서울중앙지방법원 2017.05.30 2016고정4214
문서손괴
Text

The defendant shall be innocent.

Reasons

1. Around 15:00 on February 12, 2016, the Defendant, at the office of the International Moral Association, the victim foundation of the Dongjak-gu Seoul Metropolitan Government, in which 3, knife knife knife knife knife knife knife knife knife knife knife knife

2. In full view of the evidence duly admitted and examined by this Court, the following circumstances are recognized.

① Clearly, the object of the crime of destruction of documents of this case, which a prosecutor indicted, is the original of each document, and the original of each document seems to have been accused by the defendant.

② However, it is highly probable that the subject of the Defendant’s act of destruction by means of breaking, tearing, etc. at the time and place indicated in the facts charged is personally owned, used, or stored by the Defendant with respect to each of the documents indicated in the facts charged. The evidence submitted by the prosecutor alone is insufficient to accept without reasonable doubt that the Defendant destroyed each of the documents listed in the facts charged owned by the foundation.

In light of the above circumstances, the facts charged constitute a case where there is no proof of crime, and thus, the defendant is acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act.

In addition, since the defendant cannot obtain consent to the public announcement of the judgment of innocence due to his/her absence on the date of pronouncement, the public announcement of the judgment of innocence pursuant to the proviso of Article 58(2) of the Criminal Act shall not be made.

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