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(영문) 의정부지방법원 고양지원 2014.05.13 2013고정1032

재물손괴

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 01:30 on February 17, 2013, the Defendant got disturbed at Dhop house located near the bus stops in the vicinity of the immediately preceding bus stops in order to avoid disturbance, drive away from the owner of the above head of the bus at the same time, and to set off the wall of the above bus stops over several occasions on the upper end of the bus stops, and damaged 4,800,000 won by cutting off one of the bus information systems monitoring (23 human resources) owned by the victim in the upper part of the non-forest pole at the high-si of the victim, which was installed in the upper part of the non-forest pole of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Protocol of the police statement concerning G;

1. On-site photographs;

1. Application of statutes on visual recording photographs on the spot and CCTV;

1. Article 366 of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Although the defendant's summary of the argument has a multiple-time relationship with the wall surface of the bus stop, there was no intention to damage the monitor.

2. In a case where the wall surface of a bus stop and a bus stop are stringd several times to the extent that the wall surface of the bus stop may be damaged by anyone. As such, any other things attached to the wall or bus stop may be damaged. Thus, when the defendant acted as above, it shall be deemed that at least dolusent intent was committed with regard to the damage of the L CD monitor.

Therefore, the defendant's above assertion is not accepted.

It is so decided as per Disposition for the above reasons.