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(영문) 대전지방법원 천안지원 2018.10.11 2018고정274

재물손괴

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 7, 2017, the Defendant exceeded 100,000 won in the market value of the victim’s possession on the ground that the victim C (son, 41 years of age) was under the influence of alcohol around the female church located in the south-gu New Town, Southern-gu, Seoul, Seoul, and damaged the property that was 10,000 won in the market value of the victim’s possession.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. The legal statement of the witness C;

1. Written estimate;

1. Determination as to the assertion of the Defendant and the defense counsel by capturing damaged articles photographs and letters

1. The summary of the argument is that the defendant was set off the victim's safety diameter, and there was no dust from the floor, and the victim was damaged by his/her fault in warning.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is sufficiently recognized that the defendant was damaged in the course of escaping from the victim’s safety as stated in the judgment of the court.

A. At the time and place indicated in this Court, the victim and the victim had a vagabonds with the issue of settlement of singing at the time and place, and the defendant exceeded the victim's safety and left the floor, and was sorting and sorting down on the floor.

was stated.

The defendant is also aware of the fact that the defendant is placed on the floor of his own fighting with the awareness of the victim's fighting.

However, the act of cutting off the other party’s safety may be accepted as a equitable and aggressive act, and the essence of the act is only different from the degree of physical strengths.

In particular, considering that both the Defendant and the victim have been stimulated in the emotional aspect, and that there was a concern about the dispute over the Defendant’s India, the victim’s statement expressed the following actions that “the Defendant was off and on the floor,” was exaggerated.