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(영문) 대전지방법원 2017.04.27 2017고정174

재물손괴

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a victim C(60) and a dead money relationship.

The defendant's children D(33) and E(31 years of age) are under divorce proceedings against the parental authority and the division of property rights while living separately.

On August 10, 2016, the Defendant: (a) around 17:30 on August 17, 2016, and around the victim’s house 913 Dong 1102, Seosung-gu, Daejeon, the Defendant: (b) destroyed the property to be damaged in terms of the amount of repair cost by opening the gate on the ground that the Defendant did not open the gate.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against C;

1. Investigation reports and investigation reports (Correction of the identity of the person under investigation);

1. Determination as to the assertion by the defendant and his defense counsel

1. Although the gist of the assertion is recognized that the defendant has laid the entrance door by hand and drinking, the floor and drinking can not be destroyed unless he is laid down by hand;

피해자가 현관문이 손괴되었다고 주장하는 근거는 현관문에 발자국이 난 것과 손잡이가 아래로 내려간 것, 긁힌 자국이 생긴 것인데, 현관문에 발자국이 찍혔더라도 이는 손쉽게 지울 수 있는 것이어서 재물의 효용을 해한 것에 해당하지 않고, 피고인이 현관문을 열려는 시도를 하지 않았으므로 피고인의 행위로 인하여 현관문의 손잡이가 아래로 내려간 것도 아니며, 현관문이 긁혔다거나 움푹 패였음을 인정할 증거가 없다.

2. In full view of the evidence in the judgment of the court below, it is recognized that the defendant attempted to open the door door for a considerable period of time on the grounds that the defendant was found in the victim C’s house and did not show his her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s knob

This is.