beta
(영문) 수원지방법원 2020.10.16 2020고정1051

재물손괴등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a boiler agency.

1. Around March 20, 2020, the Defendant: (a) cut off the top part of the locks of electric measuring instruments installed by the injured party C (Nam and 63 years old) to a multi-tamper, which was prepared in advance, on the electric telegrams located in the wife B (the wife population) in Chungcheongnam-si; and (b) the market price of which is unknown.

Accordingly, the defendant damaged the victim's property and harmed its utility.

2. At the time and place indicated in paragraph (1), the Defendant used the amount of electricity that was connected to the machinery and electric code, which duplicating groundwater into the electric measuring instruments installed by the said victim, and used the amount of electricity that cannot be known around that time.

Accordingly, the Defendant stolen the property managed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A frequency rangeer used by a suspect A, such as a report on occurrence (damage, damage, etc. of materials) and on-site photographs;

1. Investigation report (D telephone conversations for reference) (the defendant and his defense counsel shall be the electrical measuring instruments listed in paragraph (1) of the judgment of the defendant (hereinafter "electric measuring instruments of this case").

Since cutting the locks of storage boxes and left a mersh to the effect that there was no intention to acquire illegal profits on the theft part, the reason is that there was no intention to obtain unjust profits from the electrical measuring instruments to jointly bear the electricity fee for the storage of the said electrical measuring instruments.

However, the following circumstances acknowledged by the evidence adopted and examined by this court, namely, ① the electric measuring instrument of this case was installed at the victim’s request prior to 20 years, and the victim paid the electric measuring instrument while using, managing, and paying the electric measuring instrument. ② The civil petition response concerning the use of the public well-managed groundwater of the city of the city of the city of the city of the Republic of Korea, which the defendant submitted, stated that the water can be supplied if any person uses it for agriculture, but it can be used after consultation with the existing user. ③ Nevertheless, it is stated that the electric measuring instrument of this case was installed at the victim’