beta
(영문) 서울북부지방법원 2021.03.11 2020고정789

재물손괴

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 19, 2019, at around 12:00, the Defendant: (a) cut the correction system of the clothing collection box installed by the victim C (34 tax) in front of Dongdaemun-gu Seoul, Seoul; and (b) destroyed the property in the market and damaged its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of the defendant who has made a legal statement by the witness C;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to a report on the destruction of each damaged article's photograph (a statement by a person in charge of the head of the Dongdaemun-gu Office);

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Article 334(1) of the Criminal Procedure Act provides that although the defendant has damaged the correction device installed by the victim as stated in the facts charged of this case, the victim has lost his right to the collection of clothes that had already been installed at the time of this case, and did not comply with the request of the defendant to transfer his right to the victim while the defendant acquired all rights related thereto, and the defendant has damaged the correction device of this case to exercise legitimate rights, the defendant's act constitutes a justifiable act that does not violate social rules.

However, in full view of the evidence duly adopted and examined by this court, even if the defendant legally acquired or acquired the right to install and manage the clothing collection box that takes place in the Dongdaemun-gu Seoul Metropolitan Government FF Group from the competent administrative agency or E at the time of the destruction of the locks of this case.

Even if the removal box of this case itself and the correction device of this case attached thereto have been acquired or transferred together with the ownership.

The ownership of each item can not be seen as the victim, and the ownership of each item still exists.

It should be seen.