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(영문) 수원지방법원 2019.08.12 2019고정184

재물손괴

Text

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

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

Reasons

Punishment of the crime

The defendant is an acting driver.

On October 14, 2018, the Defendant: (a) around 21:20 on October 14, 2018, the victim and C, who had a substitute driver on the front of the crosswalk B, were punished by a dispute over fixing the substitute driver's fee for the reason that the victim delayed for 20 minutes; (b) caused the damage to the victim's vehicle without permission after driving the vehicle on the crosswalk; and (c) caused the damage to the utility of the victim's vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. On-site photographs [the defendant asserts that the defendant brought about the right of pledge on the substitute driving fee under the victim's consent by stating "the victim's words "I would be her mmoth or her mar." However, this Court has consistently stated that the victim would bring about a car to the defendant at the time of this court's lawful adoption and investigation, namely, the following circumstances, ① the victim's statement consistently stated that the police would bring about a car to the defendant at the time of this court, and credibility of the statement is recognized. ② The defendant's substitute driving fee is not much long after the commencement of the vicarious driving (the defendant was 20 minutes late, so that the victim should be additionally paid the waiting fee of KRW 10,00,000 because the victim was delayed), ③ the victim's cancellation of the substitute driving, and the defendant's request for payment of KRW 20,000 in terms of the cancellation fee and waiting fee, and the victim's rejection of the vehicle and the defendant's assertion that the substitute driving fee would not bring about the victim's without permission.

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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