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(영문) 서울중앙지방법원 2019.03.14 2018고정1985
재물손괴
Text

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

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

Reasons

Punishment of the crime

On November 23, 2017, the Defendant became a vision on the ground that the Victim D and D were boomed for the emotional distress in the cafeteria located in Jongno-gu Seoul Metropolitan Government “C” restaurant on November 23, 2017.

At this time, when the victim photographs the shape of the defendant with a cell phone, the defendant was damaged by making the 453,000 hphone7 mobile phone owned by the victim take hand to cut off the floor and making the string out the floor.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. D Submitted video CDs (where the witness’s specific statement and the screen images taken by the witness D were recorded on a mobile phone, it can be sufficiently recognized that the Defendant has damaged the cell phone by hand. Even if there was a gold already set on the part of the cell phone set, it was operated properly before it was cut off, and the Defendant’s aforementioned act did not operate properly, and thus, it is unreasonable to recognize the crime of damage, as it was unreasonable to recognize the crime of damage.)

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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