beta
Text
Defendants are not guilty.
Reasons
1. Summary of the facts charged in this case
A. On May 1, 2015, for the purpose of entering the inspection of “E” located in Yangsan-si D and shooting dusts, the Defendants destroyed the floodgate of the crime prevention owned by the victim E in an amount equivalent to KRW 2.50,000,000, which was installed at the lower end of each “F” group of the said inspection, by pushing the body in a cresh and cutting the body in a cresh, and thereby damaging the said F B bridge and the crime prevention floodgate connected to the floodgate, thereby damaging the floodgate of the crime prevention owned by G.
B. In order to prevent external intrusion at the time, time, and place under the preceding paragraph, the Defendants were demanded from G to leave the temple as soon as he was immediately going to go from the inspection by destroying a crime prevention floodgate installed at the lower end of each “F” of the inspection, and thereby causing damage to the locker.
However, the Defendant, without any justifiable reason, stayed in the inspection by not complying with the demand for withdrawal from G by not later than 11:50 days on the same day and by not later than 11:50 on the same day.
2. Determination:
A. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the photographs submitted as evidence (at least 17 pages of the investigation records) alone, making it difficult to ascertain how the counter-terrorism was destroyed; ② the witness G 2 did not directly see the face where the counter-terrorism is destroyed.
A statement was made, consistent and inconsistent statements were made, ③ whether there was damage to other parts than the counterterrorism in the window of the above crime prevention floodgate, ④ even if there were damaged parts, the possibility of damage cannot be ruled out by other factors than the passage of the Defendants. ⑤ The Defendants were only under the window of the floodgate of the crime prevention for entering the temple, and the possibility of damage to the floodgate of the crime prevention in the process was recognized.
In full view of the fact that it is difficult to conclude, a prosecutor.