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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On November 3, 2017, around 06:0, the Defendant: (a) parked a car on the front of the Defendant’s house located in Ischeon-si, Leecheon-si; (b) the victim D parked the car in a way to prevent the Defendant’s residential gate; and (c) on the rear wheels of the string of the string of the string of the string of the vehicle, the string of the string of the string is indicated as “the front wheels” but the string of the string of the string of the vehicle, as above, is revised according to
On November 3, 2017, around 06:29 on November 3, 2017, the injured party was unable to use the said passenger car at the work route, thereby impairing the utility of the passenger car owned by the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. Written statements of D;
1. On-site photographs [The defendant and his defense counsel are merely bound with the wheels of a vehicle temporarily hacks because the defendant's vehicle was parked in disregard of the mark "Prohibition of Parking" set up before the house by the defendant. Thus, the defendant's act does not constitute damage to property, even if it does not do so.
Even if the illegality is excluded as a legitimate act, it is argued that it is a legitimate act.
In the case of undermining the utility of a vehicle by destruction, concealment, or any other means as referred to in the crime of destruction of property, it includes not only the case of changing the goods, etc. into a state in which they cannot be used for its original purpose, but also the case of undermining the utility by temporarily creating them in a state in which they cannot play a specific role such as goods, etc. (see Supreme Court Decision 2016Do9219, Nov. 25, 2016). Since the Defendant’s act constitutes the crime of damage to property, since the Defendant’s act is clearly constituted the crime of damage to property by linking the hacks fixed to the reinforced block with the rear wheels of the victim’s car.
In addition, the defendant does not go through other legitimate procedures.