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(영문) 부산지방법원 2013.10.10 2013고정2148

재물손괴등

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 00:10 on January 26, 2013, the Defendant: (a) was under the influence of alcohol to the E (Fsi) (Fsi) on the part of the victim D (year 54) drive in the front of the Busan Coastal System C, and paid the fare to arrive at the front of the destination; and (b) the victim was able to depart from the taxi without any reason, destroyed the parts of the back of the cab head without any reason, thereby impairing the repair cost of KRW 204,306.

2. The Defendant, at the same time and place as the preceding paragraph of the assault, assaulted the victim’s chest by hand at the time and place, such as she resisted the victim’s chest.

Summary of Evidence

1. Each legal statement of witness G and D;

1. An investigation report (with respect to the circumstances, etc. of receipt of the initial report: Provided, That this shall not apply to the portion without admissibility);

1. A report on investigation (report attached to a written estimate);

1. Application of Acts and subordinate statutes requesting cooperation in business;

1. Relevant Articles 366 and 260 (1) of the Criminal Act and the choice of fines for crimes;

1. Of concurrent crimes, the 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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's act constitutes an act committed in a state of mental disorder or mental retardation under the influence of self-defense or alcohol;

2. First of all, self-defense is established when there is a present unreasonable infringement of one’s own or another’s legal interests.

However, according to the evidence adopted and examined by this court, the defendant left the taxi in the victim D driver's cab, and then laid the above taxi even without any justifiable reason, and the victim immediately attached the defendant who wants to get off the taxi as is, and the defendant committed assault, such as saving the victim in his hand and breathing the breath, etc., so that the defendant was able to recognize the defendant's breath.