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(영문) 대구지방법원 2017.01.25 2016고정2625

재물손괴등

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is an unlimited position, Defendant B is an employee of C cafeteria, and is an employee of the community.

1. Property damaged by Defendant A;

A. On September 28, 2016, around 20:40, at around 20:40, B, the Defendant, who was a rier, was a rier B, in front of the E cafeteria located in Daegu Suwon-gu, and the Defendant, who was a rier, was gathering a plastic container in the said restaurant parking lot, and was parked in the victim F, who was parked in the said place, caused approximately KRW 440,000 to go against the latter part of the head of the TG car operation, thereby impairing the back door of the right-hand door, which requires repair of approximately 440,000 won, and thereby impairing its utility.

B. Around that time, at the same location, the victim H was faced with the victim H-owned her car driver's seat and was parked in the same manner at the same time, and caused about KRW 860,000,000 after the left-hand side requiring repair, thereby impairing its utility.

2. At the time and place of the violation of the Punishment of Violences, etc. by Defendant A and Defendant B (joint property damage, etc.), the victim J, who was parked in a place, brought in by Defendant A and Defendant B to each other, and was faced with the car strings after the driver’s seat of the car, and thereby, the Defendants jointly performed their functions by digging out the car after the left-hand side in need of repair of the market price.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to the F, H and J;

1. A report on internal investigation (as at the time of dispatch to the scene), and a report on internal investigation (on-site photographs);

1. Application of each written estimate statutes;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and Article 2 (2) 1 of the Punishment of Violences, etc., Defendant B who choose a fine: Article 366 of the Criminal Act, Article 2 (2) 1 of the Punishment of Violences, etc., Act, Article 366 of the Criminal Act, and selection of fines;

1. A aggravated Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.