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(영문) 수원지방법원 안산지원 2016.07.14 2016고정74
재물손괴
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 15:00 on November 10, 2015, the Defendant damaged the property of the victim by causing the defects in the 1,111,845 won of the back side of the driver’s seat of the EDaice E (26 tax, south) parked from the underground parking lot of the building C in Ansan-si, Ansan-si, Seoul, by causing the repair cost of KRW 1,11,845, which is incurred.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A copy of the written estimate;

1. The Defendant asserts to the effect that each video of damaged vehicles, CCTV photographs, and CCTV CDs did not have any flive tool against the victim’s vehicle.

Witness

D According to D's statement, while the witness sits in the driver's seat and reports a mobile phone, the defendant thought that the sound that seems to be flickly flickly, and flickly flickly flickly flickly flicked, the witness's left part was confirmed, and there was a flicker flicker from the back side of the vehicle to the front flick.

In addition, when the defendant passes through the witness's vehicle, the front side of the defendant's shoulder and the front side of the vehicle are followed by the defendant's right shoulder.

Considering the above witness's statement and the defendant's act of gathering nature that can be confirmed by the CCTV recorded at the time, the defendant's assertion is rejected since the defendant can sufficiently recognize the fact that the defendant damaged the victim's vehicle as stated in its reasoning.

[Application of Acts and subordinate statutes]

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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