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(영문) 광주지방법원 순천지원 2015.10.30 2015고정806

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

Defendant

A and the victim B are persons who have a relationship with the tenant and the building owner.

1. On July 5, 2015, the Defendant discovered the instant low-speed vehicle parked by the victim B on the road in front of the D (NE) (NE) and, on the ground that the ordinary building owner silented to drink in the outside of the instant church in front of the church run by himself/herself, using the key of the Defendant’s vehicle owned by him/her, thereby damaging the unclaimed property at the market price of the said B-owned vehicle by flicking the key of the said vehicle.

2. Around 01:00 on July 8, 2015, the Defendant discovered a low-priced vehicle that the victim B parked on the street in the front of the D (NAE). For the same reason as that of the preceding paragraph, using the key to the vehicle owned by the Defendant, the Defendant flicked the two sides of the said vehicle and the front wheel, thereby damaging property in the market price of the said B-owned vehicle.

Due to the acts of the above 1 and 2, the defendant damaged the victim B with property equivalent to the market price of KRW 5,384,258 and damaged its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in B;

1. Evidence photographs, and each CCTV screen;

1. Filing reports, internal investigation reports, and application of the Acts and subordinate statutes to each investigation report;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning criminal facts and the choice of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.