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(영문) 대전지방법원 2015.10.29 2015고정526
재물손괴
Text

The defendant shall be innocent.

Reasons

1. On Nov. 25, 2014, the Defendant: (a) around 00:45 on Nov. 25, 2014, around the convenience stores in Daejeon-gu Daejeon-gu, the Defendant: (b) destroyed the amount of unexplosive repair costs by putting an empty Poscers away from the front door of the victim E-si owned by the victim E-si, who was stopped by walking an empty Poscers.

2. The Defendant asserts that there was no intention to damage, even though he/she was walking an empty spawn as a spawn with a spawn.

Witness

D According to D's legal statement, damage photographs, the following facts are recognized:

D was in a taxi that was stopped on the roadway immediately before the convenience point on the date stated in the facts charged.

D이 택시에 충격이 가해지는 빡 소리를 듣고 나가 보니 피고인이 편의점 문 앞에서 찬 병이 굴러가고 있었다.

D considered that even the head sentence of the taxi, the iron plate was cut and the defect was found in the front glass.

D이 피고인에게 왜 그랬냐고 물어보니, 그냥 술 먹고 병을 찼다고 대답하였다.

위 인정사실만으로는 피고인이 무심코 포도주 병을 발로 찼는데 하필이면 병이 택시에 부딪혔을 가능성을 배제할 수 없다.

Therefore, the above evidence alone can only be deemed to have damaged a taxi by negligence, and it is not sufficient to recognize that there was an intention of damage even if the defendant did not have any negligence, and there is no other evidence to acknowledge it.

The facts charged in this case constitute a case where there is no proof of facts constituting the crime and thus is acquitted under the latter part of Article 325 of the Criminal Procedure

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