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(영문) 인천지방법원 2021.01.27 2020고정1540
재물손괴
Text

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 December 18, 2019, at around 16:15, the Defendant asserted that the victim D (son, 51 years of age) was flick-in car after the Defendant’s possession, and that he was flick-in flick-in car, which was a flick-in car, flick-in car, was flick-in flick-in flick-in flick-in flick-in flick-in flick-in flick-in flick-in flick-in flick-in flick

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s photograph related to the legal statement (in accordance with each of the evidence in the judgment below, it is recognized that the Defendant caused a flick flicker’s lower part after the victim’s car as stated in the facts charged, and caused a flicker’s defect.

The above act by the defendant is objectively evaluated as an act of damaging the property owned by the victim, and the defendant's criminal intent is recognized (the reason why the existing defect occurred on the part of the defendant's vehicle after the defendant's vehicle or the reason why the dispute occurred between the parties in relation thereto does not affect the above judgment as to the facts of damage or the criminal intent). Accordingly, the defendant is to replace it with a new part.

Then, this article argues that the vehicle is merely a defect in order to verify the victim by comparing that there was no defect in the vehicle following the work process of the pollution reduction device.

However, in light of the overall circumstances where the injured party reported the Defendant to the police immediately after the Cognization of the vehicle according to the evidence in the judgment below, the Defendant did not have any specific and explicit agreement with the injured party on the replacement of the parts such as a spread at the time of the destruction of the vehicle, or agreed by the injured party on other damage acts.

The Defendant cannot be seen (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201).

The laws and regulations;

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