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(영문) 전주지방법원 2018.08.22 2018고정56
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[2018 High 56] On September 19, 2017, the Defendant parked a motor vehicle on the side of the Jinjin-gu Seoul Special Metropolitan City, Seoul Special Self-Governing Province, and then damaged the victim E (V, 41 years old) who driven a D Sbru vehicle while waiting for the bruc in the direction of the road while driving the motor vehicle on the back of the road, on the ground that he was parked by the Defendant, he was unable to drive the motor vehicle, due to the vehicle parked by the Defendant, he was driven by the victim while taking a bath on the part of the main set of the motor vehicle that the victim driven while driving the motor vehicle on his hand, and after the left, he was placed in front of the passage of the death, and then damaged the NA and the right-hand pan so that approximately KRW 2,720,905 of the repair cost would be damaged.

[2018 High 163] On September 19, 2017, the Defendant openly insulting the victim by “C Mart” employees and the victim who was seated in the driver’s seat at the seat of an unspecified number of traffics, on the ground that the Defendant, at around September 22, 2017, 208, sent this horn to the “G” front of the F apartment located near Jinjin-gu Seoul Special Metropolitan City, and then cut the parked Defendant’s motor vehicle.

Summary of Evidence

[2018 High Court Decision 56]

1. Partial statement of the defendant;

1. Partial statement of witness E (excluding the part not trusted in the following part of innocence):

1. A report on internal investigation (damage to goods, CD attachment, etc.), investigation report (Submission of a written estimate for victims) (hereinafter referred to as "victim report");

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes governing vehicle booms video CDs by the complainants;

1. Relevant Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the selection of each fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) are as follows: (a) the Defendant expressed a severe desire to the victim at the end of the minor time; and (b) the vehicle of the victim.

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