The defendant shall be innocent.

1. Around 06:30 on March 8, 2015, the Defendant: (a) opened a steering door for the victim-owned KS-7 car that was parked in the front line of Suwon-si, Suwon-si, Suwon-si, and damaged the instant vehicle’s compliance and indoor studio to the extent that the sum of the repair cost is KRW 430,000,000.

2. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the facts constituting the crime, and the finding of guilt shall be based on the evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, in the absence of such evidence, the determination of guilt should be favorable to the defendant even if there is a suspicion of guilt against the defendant.

(see, e.g., Supreme Court Decision 2013Do9605, Feb. 13, 2014). (B)

According to the evidence duly examined by the court, the fact that the defendant was divingd on the victim's vehicle at the date and place stated in the facts charged in the instant case (hereinafter "the instant vehicle") is recognized.

① However, the statement of the victim and witness F, who correspond to the facts charged in the instant case, was not a witness to directly destroy the facility of the instant vehicle, and it is merely a statement that the Defendant was presumed to have damaged the facility of the instant vehicle because he was divingd on the instant vehicle, and ② the victim opened the vehicle door at around March 7, 2015 when he was on duty at around March 21, 2015, and the Defendant appears to have stolen his personal belongings on the day of the instant case (as a document attached to the counsel’s written opinion submitted by the counsel on November 2, 2015, according to the evidence attached to the counsel’s written opinion submitted on March 8, 2015, the Defendant reported the loss of his personal belongings card under his name on March 8, 2015, and at the same time, on March 9, 2015, the mobile phone subscription was newly issued at the same time.).