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(영문) 부산지방법원 2016.07.21 2016고정481

재물손괴

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 5, 2015, the Defendant received a request for the repair of a computer used by the Victim B in C’s Pidian from C’s staff member D, which was operated by the Victim B, and around May 6, 2015, the Defendant got from E, who was equipped with a computer from C’s Pidian to C’s Pidian on the road near the Busan Northernbuk-gu Mandle Tunnels, Busan around May 6, 2015.

The Defendant destroyed the market price by melting the dam of pumps chips attached to the computer hard disc (E and F) owned by the victim and removing two pumps chips from the market price for the purpose of receiving repair costs at a place below Busan on the same day and where it is deemed necessary to restore the hard disc.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Protocols concerning interrogation of suspects of E by the prosecution;

1. Statement made by the police against D;

1. A copy of the F Document;

1. Report on internal investigation (computer communications with G of a computer restoration business entity);

1. Investigation report (the photographs of the Jamb drive machine board and telephone conversations with H);

1. Application of investigation reports (related to chips on the pumps of hard disks) and investigation reports (related to H telephone conversations results) Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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