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(영문) 서울중앙지방법원 2018.09.19 2018고정1659

재물손괴

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 10, 2018, at around 01:0, the Defendant: (a) placed on the street in front of the real estate C located in Dongjak-gu Seoul Metropolitan Government, and destroyed the property of the victim by impulging a flag of E B (hereinafter referred to as “victimd vehicle”) that was parked by the victim D (28 taxes) in front of the real estate C.

On March 23, 2018, at around 01:10, the Defendant damaged the property of the victim in a flick-gu Seoul Metropolitan Government Flurged vehicle that the victim parked in front of the Dongjak-gu Seoul Metropolitan Government.

On April 6, 2018, around 07:21, the Defendant damaged the victim’s property by using the flag of the driver’s seat of the damaged vehicle parked by the victim in the front of Dongjak-gu Seoul Metropolitan Government.

On April 8, 2018, at around 02:05, the Defendant damaged the property of the victim by putting the back door of the damaged vehicle parked by the victim in front of the real estate C located in Dongjak-gu Seoul Metropolitan Government on the street.

On April 11, 2018, the Defendant damaged the victim’s property by using the flag of the driver’s seat of the damaged vehicle parked by the victim in the front of the Dongjak-gu Seoul Metropolitan Government G in a flag situation.

Accordingly, the defendant has damaged the property amounting to KRW 986,00 in total five times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each written statement of D;

1. Application of the Acts and subordinate statutes concerning reports on the occurrence of each event, internal investigation reports (the analysis of CCTVs at the scene of a crime), internal investigation reports (to hear statements from the other party to the victimD), investigation reports (to analyze CCTV images at the scene of a crime), investigation reports (to make statements, etc. by the victim), and written estimates;

1. Article 366 of the Criminal Act and the choice of fines for crimes;

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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.