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(영문) 수원지방법원 성남지원 2017.11.29 2017고정717
재물손괴
Text

The defendant is innocent.

Reasons

1. On September 24, 2016, in the process of constructing a house on his own land located in Gwangju City around 09:00, the Defendant destroyed the adjacent victim D’s land (Seoul city E) by scke in an amount equivalent to 500,000 won in the market value of the victim’s land owned by the scke, 1g, 2g, 300,000 won in a size equivalent to 300,000 won in the market value, 30,000 won in a size equivalent to 60,000 won in the market value, 60,000 won in a size equivalent to 60,000 won in the market value.

2. The defendant and his defense counsel asserts that at the time of the instant crime, the defendant was not present at the scene, and that there is no fact that the construction business operator instructed to destroy the property of the victim.

As the contents of the standard contract for construction work made between the Defendant F and the construction business operator G are consistent with the Defendant’s defense, the instant facts charged were proven without reasonable doubt only with the victim’s statements and the evidence presented by the Prosecutor.

It is difficult to see and otherwise there is no evidence to acknowledge it.

3. In conclusion, since the facts charged in this case against the defendant constitutes a case where there is no proof of a crime, the defendant shall be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, but the summary of the judgment of not guilty pursuant to the proviso of Article 58(2) of the Criminal Act shall not be disclosed. It is so decided as per Disposition.

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