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(영문) 서울남부지방법원 2021.01.20 2020고정1917

특수재물손괴등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a landing searcher B.

1. Around 14:00 on April 28, 2020, the Defendant damaged property to repair costs, which is not known by the method of moving the part on the top of the above vehicle into a flag, which is an object dangerous to the Defendant’s driving on the ground that the vehicle owned by the victim D was parked in the entrance of this construction site, by blocking the entrance of the vehicle owned by the victim D (Estrene).

2. Special assaulting the Defendant, at the same time and at the same place as the above 1.3 time and place as above, tried to take and resist the vehicle into a mobile phone by taking the damaged person’s photograph and resisting the vehicle, and let the urier of the sculf of the sculf, which is a dangerous object driven by the Defendant, move up to the right front of the head of the damaged person, and threatened the victim as if he were at the time, and continued to use the part of the sculf part of the victim’s arms by

Summary of Evidence

1. Application of CCTV-related Acts and subordinate statutes to crimes of photographed vehicles using the victim's written statement;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the circumstances before and after the crime of sentencing under Article 334(1) of the Criminal Procedure Act, the attitude of the Defendant’s act confirmed in CCTV images, such as directly harming and threatening another person, even if other persons gather, it can be seen that the risk was very high.

Even in consideration of various circumstances, such as the circumstance of the case claimed by the defendant, the conflict situation with the victim, and the payment of the repair fee for the damaged property, the amount of fine for the summary order may be deemed excessive.