beta
(영문) 대구지방법원 2015.12.11 2015고정1717

재물손괴등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On June 10, 2015, the Defendant damaged the victim C (the age of 53)’s walked in the front of the Defendant due to the vehicle parked in the alleys adjacent to the same community credit cooperative located in 61-22, Jung-gu, Daegu, Daegu, about 19:50, where it was difficult for the Defendant to pass through due to the inconvenience of the vehicle, and caused the damage to its utility by getting the victim’s walked in the front of the vehicle and 4,5 times as a stick for the visually disabled, which was being used by the Defendant, up to 667,835 won at the market price.

2. The Defendant committed assault, at the same date and time as the preceding paragraph of the assault, when the victim left the Defendant’s vehicle at the same place and obstructed the Defendant’s act of entering in the preceding paragraph, such as 3 and 4 times the victim’s head with stick for the visually disabled.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Written estimate;

1. Application of Acts and subordinate statutes, such as photographs of damage, on-site photographs of suspects, and stick photographs;

1. Article 366 of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) that apply to the relevant criminal facts, the choice of punishment;

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