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(영문) 서울서부지방법원 2021.02.16 2020고단3104

재물손괴

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2020, at around 02:34, the Defendant destroyed the vehicle owned by the victim so that the amount of repair cost equivalent to KRW 1,033,231 can be increased by flaging the front and rear door of the D vehicle owned by C in the building parking lot B of Eunpyeong-gu Seoul Metropolitan Government by using flaging methods.

Summary of Evidence

1. A protocol concerning the examination of partial police officers against the defendant who has partially made a statement in court;

1. Statement made by the police against C;

1. A report on the occurrence of a crime (damage), the list of the 112 reported case processing, the place of occurrence, the photo of the damaged vehicle, the internal investigation report (the CCTV reading, etc. for the purpose of the destruction), the investigation report (the statement by a witness), the video reading of the damaged vehicle and the sound listening result, CD such as evidence-related video, investigation report (report on the result of viewing the black image), the lease contract, and the repair cost estimate [the vehicle at the time was unable to park due to the damaged vehicle, and the vehicle was moved to another place after it was destroyed, and there was no fact that it was damaged;

In accordance with the above evidence, the following circumstances, i.e., ① When using the black image of the damaged vehicle, the Defendant was placed in front of the damaged vehicle in front of the damaged vehicle in front of the end-of-life vehicle.

E (C) If the Defendant seems to have seen “flag” and flag a flag, flaged on the side of the damaged vehicle’s driver’s seat, the Defendant was found to have “flaged a far away from the damaged vehicle”, and ② the Defendant wanted to flag on the grounds that the police did not associate with the developments at the time, or that the Defendant was flaging a black box in a flaf with a flag.

It is clear or difficult to answer the answer, etc., and ③ the injured party discovered the fact that the injured party should do so on the day, but the damage is caused by the circumstances or other reasons.