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(영문) 부산지방법원 2020.09.11 2020고정745

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

At around 16:30 on December 10, 2019, the Defendant attempted to withdraw KRW 30,000 by using his cash card in front of the ATM equipment in Busan Jung-gu branch office located in B, Jung-gu, Busan, but did not withdraw it, and then damaged three times the door of the air exhauster equivalent to KRW 400,000 in the market price of C owned immediately next to it.

Summary of Evidence

1. Investigation report of D’s written statement (damage of and damage to property in the C gravel branch) [The Defendant and his defense counsel asserted that the Defendant was in an insane or mental and physical state under the influence of alcohol at the time of the instant crime, but in light of the background of the instant crime, the means and method of the crime, and the circumstances after the commission of the crime, etc., it does not appear that the Defendant lost the ability or decision-making ability to discern things under the influence of alcohol at the time of the instant crime, or was lacking the above ability. Accordingly, the Defendant and his defense counsel’s assertion is not acceptable]

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;