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The defendant shall be innocent.
Reasons
1. The Defendant is a taxi driver.
On September 1, 2017, from around 20:07 to around 20:35 on the same day, the Defendant destroyed that the cleaning car managed by the management office of the above apartment apartment in Chuncheon City B from around 20:35 on the third floor of the same day, securing the remainder of evidence that the cleaning car is sufficient to the Defendant’s vehicle, and that the Defendant is unable to operate by inserting the wheels of the cleaning vehicle in a height and by putting a strong strong confecting with a white domination in a height, and that it is damaged so that the amount equivalent to KRW 1,150,000, such as the replacement of the cleaning vehicle, etc. after the front of the cleaning vehicle.
2. Determination
A. The Defendant asserts that in order to obtain evidence about the damage of the Defendant’s taxi by cleaning vehicles, the small amount of the cleaning vehicle’s wheels that does not obstruct the operation was removed from the front, and that there was no way to place a white strong confection in the cleaning vehicle’s key or a strong confection with the wheels.
B. In a criminal trial, the conviction of guilt ought to be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the level that leads to such conviction, even if there is suspicion of guilt (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). C, who is running a cleaning wheel of the quih with the cleaning quih of the cleaning quih, bears the testimony to the effect that “the part cuted with the wheels, does not interfere with operation due to the small size of the quih, and does not accept it.”
According to D's testimony, which is the staff of the management office confirmed by the defendant as to whether the taxi of cleaning cars is shocked with the defendant, D is about collecting evidence and cutting part of the wheels of cleaning cars while collecting evidence.