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(영문) 대구지방법원 2016.04.08 2015고정2347

재물손괴등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the husband of the B(n, 43 years of age) who is currently in a divorce lawsuit.

1. On July 13, 2015, at around 05:00, the Defendant: (a) opened a “D hotel” parking lot located in Daegu Northern-gu, Daegu Northern-gu, by an influence method; (b) opened a door of a vehicle; and (c) destroyed the front right side of the vehicle, the front front of the vehicle and the rear side and the rear side of the vehicle, and then destroyed the even shape by an influence.

2. On February 19, 2015, the Defendant, in violation of the Act on the Protection, Use, etc. of Location Information, collected and used the location information of the said vehicle used by the victim B in the “D hotel” parking lot located in the Daegu Northern-gu, Daegu-gu, Seoul-gu, without the victim’s consent, from the victim’s “D hotel” parking lot to damage the said vehicle, by connecting the location tracking device with and attaching the location tracking device on the distribution network of the E “Y Y ” vehicle, the lessee B, who is a leased vehicle that B operates in a usual manner, in front of the building of the Gyeong-gu, Chungcheongnam-si, Seoul-si.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Legal statement of the witness B;

1. A report on investigation (Attachment of on-site photographs), photographs;

1. Application of Acts and subordinate statutes to a certificate;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, subparagraph 4 of Article 40, and the main sentence of Article 15 (1) of the Act on the Protection, Use, etc. of Location Information, and the choice of fines, respectively, concerning facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that it is aggregated with the maximum amount of two principal crimes specified in a crime of violating the Act on the Protection, Use, etc. of Location Information, which is heavier than the punishment);

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;