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(영문) 의정부지방법원 2018.05.30 2017고정2526

재물손괴

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On August 22, 2017, around 00:37, the Defendant: (a) destroyed the part of the Eniniber vehicle Ba, which was parked in the said underground parking lot C of the building B, in a flive manner by using the flive tool of the Eunber vehicle Bag, which is owned by the victim D.

2. On August 26, 2017, around 02:04, the Defendant destroyed the victim’s car driver’s seat in the G car projected vehicle C, which was parked in the said underground parking lot, by means of flaging by using a flag tool, from the driver’s seat in front of the G car projected vehicle to the driver’s seat.

Summary of Evidence

1. Each legal statement of witness D and H;

1. CCTV image photographs, CCTV CDs (in a place other than the apartment parking lot as indicated in the judgment from the time the damaged vehicle was parked to the time the fact of damage was discovered, there was no person approaching the damaged vehicle other than the Defendant in the above parking lot according to CCTV images and witness D, and H’s respective legal statements; with respect to the damage of the G car, in relation to the damage of the foregoing car, it is difficult for the Defendant to wear a narrow gap between the above car car and the wall parked in the process where the vehicle was parked and walked to the entrance of the apartment C in the judgment after the parking, and the moving line is visible; in relation to the damage of the E U.S. car, the Defendant saw the seat of the car to the left knick, and the Defendant was found not to have access to the damaged vehicle by taking the key to the left hand of the vehicle, and thus, it is recognized that the Defendant was not in accordance with the laws and regulations or was in accordance with the location of each of the damaged vehicle.

1. Relevant Articles of the Criminal Act and Article 336 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 concerning the order of provisional payment;