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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is as follows: (a) around August 10, 2018, the Defendant: (b) around 21:28, the Defendant: (c) destroyed a vehicle in a manner that sees the side of the passenger car owned by the victim D, which was parked in front of the convenience store, in front of and in front of, and in front of, the passenger car volume owned by the victim; and (d) a vehicle was set up in a manner that sees to the direction of the floor by leaving the
2. Determination
A. Each police interrogation protocol against the defendant cannot be used as evidence since the defendant denies its content.
B. The CCTV images, which taken front of the convenience store (as of August 10, 2018, about about 30 minutes, taken after August 21:28, 2018), show that the Defendant appears to have dusted from the victim’s vehicle located front of the convenience store.
그러나 그 영상만으로는 피고인이 무엇을 뿌렸는지 확인하기 어렵고, 주차된 차량이 이동할 때 타이어에 나사못이 박히도록 타이어 앞뒤 쪽에 나사못의 뾰족한 곳이 위를 향하도록 세워 두는 행동을 하는 장면은 보이지 않는다.
C. Ultimately, considering all the evidence submitted by the prosecutor, the facts charged cannot be deemed to have been proven to the extent that it excludes reasonable doubt and has a conviction.
3. As the facts charged constitute a case where there is no proof of a crime, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and a summary of judgment is publicly announced pursuant to Article 58(2