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(영문) 대전지방법원 논산지원 2013.04.02 2013고정46

재물손괴등

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

1. Damage to property;

A. At around 11:20 on May 29, 2012, the Defendant: (a) destroyed 40,000 won at the “D” restaurant operated by the victim C in Seosan-si B; (b) on the ground that drunkly, the Defendant drank the fright while drinking and the victim calculated and added the fright at the house; and (c) destroyed the fright at the market price, which is the victim’s possession.

B. On August 16, 2012, the Defendant: (a) around 23:20 on August 16, 2012, at the “G” restaurant operated by the Victim F in Seosan-si E, on the ground that the victim said that the time of business closure was imminent; (b) took a bath to the victim; and (c) damaged the victim’s market price at the entrance of the restaurant by exceeding 50,000 won, the victim’s market price at which the restaurant was located.

C. On August 23, 2012, around 04:10, the Defendant destroyed the 221,100 won of the repair cost by leaving the cab to the J taxi owned by the victim I and leaving the cab to the said cab, while leaving the cab to the said cab, without any specific reason, at the front of the bus terminal located in the Masan-si, Seosan-si, Seosan-si.

2. The Defendant who damaged goods for public use on August 23, 2012: (a) around 04:25, the foregoing Article 1-C.

At the place indicated in the port, the Defendant, who continued to wear a slope belonging to the K Zone L, etc. after receiving a report, was able to take a bath to the M patrol vehicle, the above L, etc., and damaged the above patrol vehicle’s repair cost of KRW 495,00 by walking back the back of the above patrol vehicle, which is an object used by a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and I;

1. Application of written estimate, written estimate for vehicle inspection and maintenance, detailed statement for automobile inspection and maintenance, and applicable statutes to each field photograph;

1. Article 366 of the Criminal Act and Article 141 (1) of the Criminal Act (the point of causing damage to goods for public use, the point of causing damage to goods for public use, and the choice of fines) to apply the corresponding law to the facts of crime and the choice of punishment;

1. The Criminal Act among concurrent crimes.