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(영문) 인천지방법원 부천지원 2013.05.08 2013고정477

재물손괴등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and Defendant B by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On January 7, 2012, around 19:05, the Defendants got out of 19:05, on the roads of the lake Park, 549, Seocheon-gu, Seocheon-si, Seocheon-si, the reason was that the victim D(28 years old)'s rocketing car was exposed to the occurrence of the collision with the said rocketing car while changing the car line.

Defendant

A obstructed the front of the said rocketing car with the said rocketing car, and walked from the said rocketing car to walk the front door of the said rocketing car, etc., and destroyed the repair cost of KRW 671,590 to move. The victim continued to get off the said rocketing car by hand, who gets off the said rocketing car, and the Defendant B took part in it and her head at one time.

Accordingly, the defendants jointly assaulted the victim, and the defendant A damaged the victim's property.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to D by the police;

1. A vehicle estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 366 of the Criminal Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 2(1)1 of the Criminal Act; Article 260(1) of the Criminal Act; selection of fines

B. Defendant B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of fines, etc.

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;