The defendant shall be innocent.

1. On July 20, 2013, the Defendant: (a) around 04:35, and around 04:35, the Defendant: (b) in front of the office 1020 of the building D, the victim E was placed in a large room with the Defendant as a matter of the management authority of the building; (c) sought the victim from the above office; (d) opened the above office to the above office; and (e) opened the entrance by walking around 10 times, the entrance was destroyed to the extent of KRW 301,00 of the repair cost.

2. Determination

가. 피고인은 경찰 이래 이 법정에 이르기까지 일관하여 E에게 나오라고 말하면서 출입문을 손으로 두드리고 발로 출입문 하단부를 툭툭 걷어찼을 뿐, 이 사건 공소사실 기재와 같이 출입문이 손괴될 정도로 약 10회 세게 걷어차거나 출입문 등을 손괴한 적이 없다고 주장하고 있고, 이 사건 공소사실에 부합하는 듯한 증거로는 E의 법정 및 경찰 진술, 영수증 및 매출전표(수사기록 48면), 사진이 있다.

B. First, the E’s legal and police statements were examined, and the Defendant stated that the entrance door was displayed and the number height was lost by walking the above entrance as stated in the instant facts charged.

However, according to the statement statement, receipt, and sales slip (in the investigation record 48 pages) written by the police officer's statement about E, it can be acknowledged that E has submitted the above receipt and sales slip to the investigation agency by asserting that it was used without accepting the above entrance and number height for about two months from July 20, 2013, which was the date of the occurrence of the instant case, until September 14, 2013, which was investigated by the police from September 14, 2013, and immediately after the police investigation was conducted, it was paid 169,00 won with the replacement cost and 132,00 won with the entrance repair cost, and 132,00 won with the entrance repair cost. In addition to these facts, considering the fact that the Defendant and E are under dispute over the management authority of the said building, it is difficult to believe that E's statement as it is.

(c).