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(영문) 부산지방법원 서부지원 2018.04.06 2017고정335

재물손괴

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the injured party are residents of Busan Seo-gu B apartment.

On February 3, 2017, around 22:30, the Defendant parked his SM7 (F) vehicle on the right side side side of the victim D's food vehicle, and opened the front door and back door of the driver's seat so that it may be faced with the victim's vehicle, at a 311-dong and 3rd underground parking lot of the Busan Seo-gu apartment house.

Accordingly, the defendant damaged the victim's vehicle and damaged the property utility.

Summary of Evidence

1. A report on internal investigation (for victim vehicle booms, video files and sound recording files);

1. The defendant alleged that the defects of the victim's vehicle did not open the door. However, considering the following facts acknowledged by each evidence revealed in the summary of the evidence, in other words, it is sufficient to find the defendant guilty of the facts charged of this case in light of the degree of sound when the vehicle's gate and the vehicle's gate face the victim's vehicle, the above argument is without merit.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning the facts constituting a crime and Article 366 (1) of the Criminal Act concerning the selection 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 concerning the order of provisional payment;