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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) on April 25, 2016, the Defendant driving a car in CBland on a way to drive a car in the right way and driving the car in the middle-west-dong, Sungnam-dong, Sungnam-dong, in three lanes from the north north-gu, Sungnam-dong, to the north-do, and changed the course from the north-ri, the Defendant changed the course to the Gunuri-ri, and (b) on the part back of the driver's seat of the victim's vehicle. (c) The Defendant changed the course to the front side of the victim's vehicle; (d) the Defendant changed the course to the front side of the victim's vehicle; and (e) the Defendant changed the course to the right side to the front side of the victim's vehicle.
As a result, the defendant assaulted the victim using a dangerous object vehicle, and at the same time damaged the above spawn vehicle owned by the victim by using the front pentum plate, etc., about KRW 512,257.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction shall be based on the evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interest of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). B. In light of the following circumstances acknowledged as legitimate evidence investigation by the court, the evidence submitted by the prosecutor alone is sufficient to consider that the defendant had intentionally committed assault and damage as stated in each of the facts charged of this case.
It is difficult to see, and there is no other evidence to acknowledge it.
① The Defendant, with his own vehicle, was normally proceeding in the direction of Kuri-ri in the direction of a three-lane in the direction of a mountain from gathering to gathering, using a foreign circular road in Sungnam-gu, Sungnam-gu. However, the Defendant was straighted in the direction of a mountain in the front two-lane of the Defendant’s vehicle.