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(영문) 인천지방법원 2018.05.11 2017고정2375

재물손괴

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim C are neighboring residents' death.

On April 16, 2017, at around 11:30, the victim was enrolled on the rooftop by the defendant while he was entering a waterproof paint on the 6 Dong-gu Incheon Gyeyang-gu 6 Dong-gu, Incheon. The victim was forced to ask for his own new attack.

In this regard, the injury was inflicted on the Defendant's right-hand part by assaulting the Defendant's right-hand part by hand and continuously booming the trees.

The defendant laid the floor with a 1 unit of fire-fighting owned by the victim, which caused the above assault by the victim, and had an unforeseeable property utility.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order as to the defendant's assertion of the defendant and his defense counsel, and they asserted that the defendant's defense constitutes a legitimate act, as it constitutes an emergency escape, passive resistance, or a legitimate act.

According to the evidence duly adopted and examined by this court, the victim tried to produce the defendant to the outside of the entrance of the rooftop while disputing the defendant in relation to the waterproof painting on the rooftop, and the victim seems to have abused the defendant in the process.

On the other hand, in light of the defendant's statement in the police investigation, even though it was possible for the defendant to avoid additional assault by the victim going to the rooftop exit, the defendant was on the floor of the victim's flower.

The defendant in the initial investigative agency is to catch the damaged person's timber behind the defendant and to see it on the floor.