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(영문) 창원지방법원 진주지원 2016.10.14 2016고정290
재물손괴등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Defendant, on March 29, 2016, at Jinju around 00:20

C. The victim’s c.i.e., entering the state of drinking in E operated by the victim D, purchased 1 disease at the place to drink alcohol within the convenience store, and destroyed the 368,200 won of the market price by destroying the c.e., the c., the c. 19 illness, by leaving the c.i.e., over the c., the c., the c., the c. inf., the c. inf., the c., the c.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (referring to CCTV video data, the page of which is recorded by a suspect);

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that the Defendant had no intention to destroy beyond the over-person display stand, on the grounds that the police officer, while putting in the person display stand, was in excess of the price for the display of the person.

However, in light of the following circumstances acknowledged by comprehensively taking account of each evidence in the ruling, police officers did not seem to have been in excess of the cost of raising the Defendant and displaying persons, and the Defendant seems to have intentionally exceeded the excessive display stand. A.

A police officer F, who was called to the scene at the time, stated in this court that “I do not attract the defendant, but only I attempted to restrain the defendant from breaking the bar.”

B. In addition, the following circumstances recognized by CCTV images recorded on the surface of the instant crime, i.e., ① the police officer F confirmed the Defendant’s personal information and attempted to take the Defendant out of the convenience point, and the Defendant’s defect toward the direction of the Agyman display belt, i.e., one minute to two seconds from the renewable hour.

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