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(영문) 울산지방법원 2014.09.04 2014고정258
재물손괴등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 24, 2013, the Defendant suffered property damage: (a) around 03:30, the Defendant had talked about the victim C (in women, 32 years old) and the issue of workplace in the Seogju Jeju-si, Seogju-si, Seogju-si, Ulju-si; (b) considered why the victim sent a hing language to his hings; and (c) considered why the victim had talked about the issue of workplace.

As a result, the victim of the fire caused by the accident was aboard the Do SM3 vehicle that the defendant was on board with the defendant, and the defendant was on board the above vehicle.

If the victim gets off from the vehicle and the victim gets out of the left side of the defendant, the victim gets out of the vehicle, and the defendant gets out of the front side of the above vehicle and destroyed the front glass of 240,000 won in the market price by generating the front glass.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers) committed assault against the driver of a motor vehicle in operation by putting the victim’s head debt after driving the motor vehicle in order for the victim to report to the police for the same reason at the same time and place as “A” before.

Summary of Evidence

1. Partial statement of the defendant (the point of causing property damage and damage);

1. Legal statement of witness C (the point of violence against a driver);

1. Photographs of the damaged vehicle;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and each fine for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel argued that the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is not established since the defendant's defense counsel's assertion on the provisional payment order is a parking lot where the defendant assaults the victim.

However, the crime of assault or assault against the driver is committed against the driver of the vehicle in operation.

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