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(영문) 대구지방법원 포항지원 2017.10.25 2017고정274
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant was divorced before two years from the victim B to the mother, and the child was born again due to the problem of fostering the child.

After the Defendant’s wife C and his wife, the Defendant lives together without filing a report of marriage due to the problem of bringing up children, and living together with the Defendant’s wife after being divorced. At the end of January of this year, the Defendant’s wife C left the house and did not contact his children after leaving the house at the end of January of this year. On February 18, 2017, the Defendant moved back to the side house located in 501 of “North-gu Drown-gu, North-gu, Pohang-gu, Pondon” around 21:45 on February 18, 2017, and found the Echip vehicle owned by the victim, which was parked in the first floor parking lot of the 1st room, and then the test frame was spreaded on the part after the A self-car and the back part after the driver’s seat.

Accordingly, the Defendant had the automobile repair cost of 10,050,000 won in a market, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to photographs of destruction of property), investigation report (attached estimates for damage);

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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