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(영문) 서울동부지방법원 2016.01.15 2015고정1227

재물손괴

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

On March 8, 2015, around 15:30 on the road in Seongdong-gu Seoul, Seoul, for the purpose of paying insurance money, etc. on the road, the Defendant carried out slowly the back part of the ES5 car of the victim D's eM5 car, which was parked on the above road, with the front part of the Defendant's driving, and destroyed the above MF7 car by adding it to the repair cost, so that the repair cost is equal to KRW 500,000,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A traffic accident statement of D;

1. A traffic accident report (1) (1) (1)

1. Photographs of the damaged vehicle, photographs of the damaged vehicle, and on-site photographs;

1. A CD for each video data;

1. In the investigation report (the reading results of the trial on image data of the damaged vehicle and the intention thereof, etc.) [the following circumstances revealed by the above evidence, i.e., the accident of this case occurred while the Defendant's vehicle stopped on the front side of the damaged vehicle parked in the signal atmosphere and stops in the future and stops temporarily again, and the accident of this case occurred while continuing to stop in the signal atmosphere, it seems that there would have been an adjustment of the unique brake device of the Defendant; the Defendant continued to stop in the front door and continued to move of the vehicle up to the second ten seconds, even if the movement of the vehicle lasted until the accident occurred; the Defendant confirmed the rear progress of the damaged vehicle immediately after the accident; and the Defendant's name was confirmed by the victim's name. The accident is very insignificant (the Defendant's vehicle cannot find the trace of the accident of this case on the front side of the damaged vehicle (the photo of the damaged vehicle), and the shock of the accident caused damage to the body of the Defendant.

Even though the defendant does not seem to be seen (booms image), in full view of the fact that the defendant had a person contact with the victim and referred to in the insurance process or the post gift, the defendant's intention of damage is recognized.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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