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(영문) 창원지방법원 2018.01.09 2017고정578
재물손괴
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On February 12, 2016, the Defendant, at the window B (hereinafter “instant parking lot”) of Changwon-si, Seoul Special Metropolitan City around 01:00, puts waste into the victim’s crepans that caused the noise between floors and that the noise between floors, and thereby, throws waste into the victim’s crepans on the 23th day of the same month, at around 04:20 on the 24th day of the same month, throws waste into the victim’s vehicle, and then throws waste into the victim’s vehicle on the 24th day of the same month, at around 04:00 on the 04:00 of the same month, throws garbage into the victim’s vehicle, thereby destroying the property that would cover approximately KRW 450,00.

2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is based on evidence with probative value that makes a judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 201Do7261, Nov. 10, 201). In this case, according to the evidence submitted by the public prosecutor, there was conflict between the victim and the defendant due to noise between the ordinary floor, the defendant was found on February 20, 201; on the 27th of the same month; on the 27th of the same month; on the 28th of the same month; on March 15, 2016; on the 17th of the same month, the CCTV damaged the vehicle that was parked in the instant parking lot and damaged by the victim or the victim of the CCTV (hereinafter referred to as “damage”).

However, considering the following circumstances acknowledged by the evidence duly adopted and investigated by this court, only the evidence submitted by the prosecutor is presented.

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