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(영문) 부산지방법원 서부지원 2017.09.14 2017고단951
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Damage to special property;

A. On July 31, 2017, at around 13:44, the Defendant: (a) operated the “E-authorized Brokerage Office” operated by the victim D located in Gangseo-gu Busan Metropolitan City, Busan, the Defendant was accompanied by the entrance and the surrounding house to enable two times the entrance of the said office to cover repair costs in the city of the market by driving a FSM7 car, which is a dangerous object, while being dissatisfied with the victim without any specific reason.

Accordingly, the defendant carried dangerous things and damaged the victim's property.

B. On December 2015, the Defendant: (a) considered the damage caused by the construction works introduced by G around December 2015, and requested G to introduce and request another construction work; (b) however, the Defendant was dissatisfied with G on the ground that G did not enter it.

On July 31, 2017, at around 13:58, the Defendant: (a) operated the victim I’s “J-authorized broker office” in the operation of the victim I, G located in the Gangseo-gu Busan Metropolitan Government H, for the use of the FM7 car, which is dangerous object such as the foregoing paragraph (a), and (b) operated twice the entrance of the said office so as to cover repair costs in the market.

Accordingly, the defendant carried dangerous things and damaged the victim's property.

2. On July 31, 2017, the Defendant violated the Road Traffic Act (drinking) around 13:44, from the road in front of the Defendant’s residence located in Gangseo-gu Busan Metropolitan City to the road in front of the “EA certified brokerage office” located in the same Gu C, and continuously driving the FM7 car in the state of alcohol concentration of blood alcohol level at approximately 0.122% from the road in front of the above office and the road in front of the “J certified brokerage office” located in the same Gu H from around 13:58 on the same day to the road in front of the said office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police with regard to D or I;

1. A report on investigation (as for the black stuff images) and a report on investigation (as for the confirmation of black stuff images);

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant provisions of the Act concerning facts constituting an offense;

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