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(영문) 제주지방법원 2016.01.15 2014고단1793
재물손괴
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On September 20, 2014, the Defendant reported the F vehicle parked under this parking of the victim E (25 years of age) to 112 on the face of the trade name “D” in Jeju-si, and reported to “an illegal parking vehicle” to 112 on the ground that he/she had a desire to take part in the victim’s daily movement G (31 years of age) (31 years of age) in contact with the police officer.

In the course of the dispute, the defendant, while taking the part of the F vehicle, which is the damaged vehicle, in his/her own blue and expected his/her body, damaged the property that is equivalent to 646,800 won of the repair cost.

2. Determination

A. First, according to the evidence, such as the witness E, G, and H’s respective legal statements, related photographs, and general repair cost estimates, the Defendant, at the time and place indicated in the facts charged, takes the main elbow of the damaged vehicle into elbow, and smokes the dance. Since then, the victim left the repair of the damaged vehicle, and the victim entered the 646,80 won of the repair cost in printing and painting the damaged vehicle.

B. Meanwhile, in a criminal trial, the burden of proof for the criminal facts prosecuted is the prosecutor, and the conviction of guilt must be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant.

(c)

In light of the fact that the defendant's physical strength is considerably large, it is true that there is a doubt that the defendant's above act is not a brupted vehicle due to the defendant's above act.

① However, in general, there may be damages that can be divided into the case of a person who has laid the body in the Republic of Korea, but this is the attitude of the person who is located in the Republic of Korea or in the dance.

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