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(영문) 수원지방법원 2012.10.25 2012고단3251
재물손괴
Text

The defendant shall be innocent.

Reasons

1. On November 22, 2011, the Defendant: (a) requested E, a security principal, to prepare a confirmation document of the contents of the facts charged, knowing that D, who is the president of the tenant representative meeting in dispute with the Defendant, was mobilized and received a written application for a correction to the residents, within the limit of the third fixed guard room of the building C in the Suwon-si Si (hereinafter “instant guard first place”); (b) however, the Defendant rejected the request; (c) but (d) caused damage to property by destroying the book glass managed by the victim E, who was fluent and drinking, to which the market price cannot be ascertained.

2. The Defendant and his defense counsel’s assertion on November 22, 201 did not appear to the guard first suit of this case. However, on October 21, 2011, the Defendant asserted that there was a dispute between E and E by finding in the guard first suit of this case.

3. According to each legal statement of the witness E and F, according to the fact that the defendant left the guard of this case in the first place of this case and the defendant was friendly, and the defendant was also friendly. However, on November 22, 2011, it appears that the defendant was not friendly. The directly related party of this case is found to be the first place of guard and the fact that the defendant is memoryd on or around October 201 (the witness E's legal statement and the police statement of E's police statement).

In light of the above facts, it is insufficient to recognize that the evidence submitted by the prosecutor alone constituted a crime as stated in the facts charged on November 22, 201. Thus, the facts charged in this case constitute a case where there is no proof of crime and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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