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(영문) 서울서부지방법원 2014.05.22 2012고정1439
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

On December 31, 2011, around 02:31, 201, the Defendant: (a) put the victim D(44 years of age) in front of the Defendant’s house gate located in Eunpyeong-gu Seoul Metropolitan Government in parking a Erento vehicle in a erento vehicle by using an unexpected tool that he sawd, and flicked the front, rear and left side of the vehicle.

Accordingly, the defendant has harmed the utility of the non-acceptanceable property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement regarding D;

1. Damage and photograph of cars;

1. Each written request for appraisal, each report on inquiry, and attached paintings and images CDs;

1. Application of Acts and subordinate statutes concerning investigation reports (related to a video recording file);

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

1. As to the assertion of the Defendant and his defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse, the Defendant and his defense counsel asserted that there was no fact that the Defendant destroyed or damaged the vehicle since the Defendant sent the damaged vehicle around the damaged vehicle about to throw away wastes.

However, the following circumstances acknowledged by the evidence of the judgment, i.e., the person appearing in the black image, is recognized to be himself/herself. The occurrence of noise can be confirmed when the defendant passed the front side of the damaged vehicle, and the sound appears to be clear that it is a flag noise in the front of the Defendant’s house from December 30, 201 to 03:00 on the following day, the victim installed a damaged vehicle in front of the Defendant’s house from December 30, 201 to 03:00 on the day after the day, but the box box installed in the vehicle with the knowledge that the damaged vehicle was destroyed by the flag is the Defendant’s house.

Along with the fact that flag, a vehicle is close to the damaged vehicle, and the Defendant was identified as a criminal, and even though the Defendant was in front of the vehicle, the Defendant was removed in the black stuff image, but failed to submit it to the investigation agency in the process of driving the vehicle.

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