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(영문) 인천지방법원 부천지원 2017.05.19 2016고정1518
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who has become aware of in the victim C and Dong D.

A. On July 1, 2016, around 08:55, the victim C-owned D-M-M-W-W-C-W-C-W-C-W-C-W-C-W-W-C-W-C-W-W-C-W-W-C-W-C-W-W-W-C-W-W-C-W-W-C-W-W-C-W-W-C-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-

B. On July 8, 2016, around 07:03, the market price was damaged by the victim C-owned D-M-W-W-W-C-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. CCTV-recording CDs;

1. Application of Acts and subordinate statutes to the site, photographs of damaged vehicles and estimates;

1. Relevant Article 366 of the Criminal Act and the choice of a fine for the crime; Article 366 of the Criminal Act and the choice of a fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The defendant does not have any fact that he has paid a victim's automobile an explanatory note.

2. 판단 이 법원이 적법하게 채택하여 조사한 증거들에 의하면 ① 2016. 7. 1. 자 CCTV 녹화 CD 영상에 의하면 피고인이 2016. 7. 1. 피해차량에 다가가서 몸을 수그렸다가 나오는 과정에서 차량이 덜컹거리는 모습이 보이고, 2016. 7. 8. 자 CCTV 녹화 CD 영상에 의하면 피고인이 피해차량 옆으로 걸어가서 앉았다가 일어서서 다시 걸어 나가는 모습이 보이는 점, ② 피고인은 피해자의 차량에 접근한 이유를 알루미늄 깡통 같은 고철이나 담배꽁초를 주기 위한 것이라고 주장하나, 위 영상상으로 피해 자가 고철...

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