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Reasons
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(영문) 수원지방법원 2012.10.10 2012고정1439
재물손괴
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 21, 2011, the Defendant: (a) around 19:28, the Defendant: (b) parked the volume of the E-soft code car owned by the outside victim D without permission at the 101-on-ground parking lot of the building C, the residence of which is, on December 21, 2011; (c) destroyed KRW 10 by using a tool with a stringing tool after the left side of the said vehicle, and damaged the property so that the repair cost of KRW 2,266,262 may be incurred, by continuously damaging the front part of the left part to the front part of the left part to the rear part to the rear part.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the witness F in the court;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. CCTV images;

1. Application of Acts and subordinate statutes to photographs of damaged parts (Evidence No. 25 through 29 of the evidence records), CCTV output photographs, vehicle parking photographs, estimates, and each investigation report (Evidence No. 11, 44, 48, 104 of the evidence records);

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. The defendant and his defense counsel asserted that there was no fact that the defendant had committed an act of damaging property like the facts charged.

Therefore, the following facts are recognized in full view of the evidence adopted through the due process of examination of evidence by the Health Council.

① On December 21, 201, at around 19:20 on the parking lot of apartment in which the Defendant was living, the victim parked his own fishing code car, and as soon as K7 vehicles driven by the Defendant’s wife were parked on the side of the Defendant’s vehicle.

At the time, there were two-3 parking spaces in the above parking lot in addition to the side side of the victim.

In this regard, the defendant stated that there was no other place in parking at the time of the police investigation, but at the time of the prosecution investigation, it is difficult to leave another place immediately.

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