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(영문) 대구지방법원 서부지원 2016.09.22 2016고단1324

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 30, 2016, the Defendant opened a entrance leading to the said officetel at the 1st floor parking lot of Daegu-gu 21:00, Daegu-gu Btel, the Defendant caused inconvenience in traffic due to D Spanpo-type vehicles owned by the victim C, which was parked immediately front of the entrance, and caused the entrance door to shock the above string vehicle of the said string vehicle.

Accordingly, the defendant damaged the car owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of investigation reports (as to direct verification of the damaged part of the damaged vehicle), photographs (Evidence No. 3) and Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act regarding criminal facts, the choice of a fine [the confession of and the attitude against the crime appears, and the degree of damage is relatively minor (the victim included the total repair cost of three million won including the replacement cost for the crime).

Although the defendant alleged that he was damaged to the part of the crime.

In light of the degree of damage of the vehicle, there is no evidence to see the remainder, and considering the fact that there is no record of punishment exceeding the fine imposed on the defendant, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;