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(영문) 대전지방법원 천안지원 2020.07.24 2020고정127
특수재물손괴
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 May 22, 2019, at around 4:10 on May 2, 2019, the Defendant: (a) laid down the brickd 8,30,000 won of the market price managed by the victim C in the first floor of the building B in the Seo-gu, Seoan-gu, Seocheon-gu.

In this respect, the defendant carried a brick, which is a dangerous object, and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Written estimate;

1. On-site photographs and CCTV images [the defendant asserts that there was no intention of damage by putting the bricks used by him in the process of fighting D and E, and destroying the glass. However, it is normal to put the brick in the direction other than the glass if intending to see it. ② According to on-site photographs, the point where the bricks passed is considerably high, and the distance between the defendant and the glass is very close to about 1m. If the defendant got close from the nearest distance, the defendant should be deemed to have sufficiently perceived the fact that the glass could be broken. ③ In full view of these circumstances, it is difficult to see that the defendant's act of destruction of the wall was an intentional act, and the defendant's act of destruction of the wall cannot be seen as a favorable act of the defendant.

1. Article 369 (1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The victim of the sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is the defendant.

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