재물손괴
Defendant shall be punished by a fine of KRW 2,500,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
피고인은 2013. 8. 19. 03:15경 광주 동구 C에 있는 ‘D’ 가게 앞 도로에서 술에 취하여 아무런 이유 없이 피해자 E 소유 F 토스카 승용차를 발견하고 도로에 떨어져 있는 보도블록을 손에 들고 위 승용차의 양쪽 사이드미러를 내리치고 계속하여 운전석 문과 유리창에 집어던지고, 위 승용차 위에 올라가 발로 앞유리를 여러 차례 걷어찼다.
Accordingly, the defendant damaged the victim's property in a amount of 1,796,399 won.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement of G and H;
1. Written estimate;
1. Application of statutes on field photographs;
1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defense counsel's assertion on the defense counsel under Article 334 (1) of the Criminal Procedure Act asserts to the effect that the defendant was in a state of mental disorder under the influence of alcohol at the time of committing the crime.
However, in light of the circumstances such as the background and method of the crime indicated in the record, the contents of the crime, and the behavior of the defendant before and after the crime, it is recognized that the defendant was under the influence of alcohol at the time of the crime, but it does not seem that the defendant did not have the weak ability to discern things or make decisions. Therefore, the above assertion is rejected