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(영문) 수원지방법원 안산지원 2014.09.23 2014고정1197

폭력행위등처벌에관한법률위반(공동재물손괴등)

Text

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

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

Reasons

Punishment of the crime

The Defendant, who walked along a drunk, destroyed the victim D's vehicle that did not see B and C, which was scarbly and influence, was drinking so that he can drink.

At around 01:56 on September 23, 2013, the Defendant and C, along with C, discovered GM5 car owned by the victim, who was parked in the parking lot of “F” bank located in “F” in “F”, and the Defendant purchased at the neighboring convenience store one hot water and one drinking water (1.5 liter), and opened a gas station by forcing the vehicle to walk with the oil station in the above vehicle. B, B, with the smartphone back, carried the gas station in the vicinity of the above vehicle, and the Defendant collected the above snow and drinking water.

As a result, the defendant, in collaboration with B and C, destroyed the above vehicle owned by the victim to the extent that it needs to be repaired in an amount equivalent to KRW 5,174,147.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, B, and C;

1. Statement made to D by the police;

1. Written estimate for the automobile inspection and maintenance;

1. Application of investigation reports (on-site stay images attached), video photographs, and video CD-related Acts and subordinate statutes;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 366 of the Criminal Act, the selection of fines, and the selection 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;