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(영문) 창원지방법원 통영지원 2019.10.01 2019고단732
재물손괴
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On December 6, 2017, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Changwon District Court’s territorial branch on December 6, 2017 and completed the execution of the sentence on March 20, 2019.

On May 18, 2019, the Defendant: (a) around 22:35, 2019, at the “C” located in Tong Young-si B, and (b) on the grounds of an influencies during which he performed daily d and alcohol, and (c) on the grounds of an influencies, the Defendant disputed up food exceeding the table table, and destroyed the gas burner, fluor, and fluence, etc., of the total market price of the victim E, which was located in the table table, was approximately KRW 50,00,000 in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (report on the situation of dispatch to the site);

1. On-site photographs;

1. Previous convictions: Criminal history records and investigation reports (the fact that the period of repeated crime of a suspect is in existence and the confirmation of the same kind of power) by the defendant's assertion that the defendant does not have any gas burners, softs, etc., but the defendant's assertion that there was a difference between D and D which were present, and gas burners and other things on the table of the restaurant due to the wind of the restaurant.

However, there is no motive or reason that the victim E’s statement from the investigative agency of the victim E, who observed the scene, to the court, is consistent and specific except for some stimulities, and the victim first committed the act of the defendant on the day of the restaurant as the restaurant owner, for the purpose of deceiving the defendant among the defendant and D.

After the case, in light of the on-site photograph taken immediately after the case, various articles and food have broken down to the extent that it cannot be seen as unsatisfying things, and in particular, according to the investigation report (Evidence No. 8) prepared by the police officer F prepared by the police officer F who was dispatched to the site at the time, the above police officer can also know the fact that the Defendant directly observed the scene where the gas burner was cut off. Thus, the victim’s statement is accompanied.

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