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(영문) 창원지방법원 진주지원 2015.09.02 2015고정2
재물손괴
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

[2015, 2015, 200, 2005, 200, 2005, 2005, 2005, 2005, 200,000,000,000)

On March 23, 2014, at around 10:18, the Defendant: (a) reported that the CCTV camera was installed on the wall of the above victim’s house outside the house; and (b) destroyed the above CCTV camera in a wooden atmosphere of approximately KRW 1 meter in a size of 400,000,000 in the market price to prevent the use of the CCTV camera.

[2015Gohap254] On August 30, 2014, the Defendant: (a) at the victim C’s house located in Jinju-si, Jin-si around 11:30 on August 30, 2014; and (b) at the victim’s CCTV installed for the purpose of crime prevention, 2 CCTVs were cut off to each item on the ground that the victim infringed the privacy of the Defendant; and (c) damaged 2 CCTVs, the total market price of which is equivalent to KRW 400,00,000.

Summary of Evidence

[2015 fixed-term2]

1. C’s legal statement;

1. Each photograph and CCTV CD (2015 high-level254);

1. C’s legal statement;

1. Application of each photograph, CCTV CD-related statute;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning criminal facts and the choice of fines;

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

1. Although the Defendant denies each of the instant crimes against the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, the following circumstances acknowledged by comprehensively taking account of each of the evidence in the judgment, namely, (i) according to each of the images taken by the CCTV of this case, it is acknowledged that the above CCTV was damaged due to the atmosphere or items of the above CCTV while the Defendant took away the CCTV of this case as indicated in the facts of the crime; (ii) the above CCTV was not taken by any other person than the Defendant at the time of the instant case; and (iii) the Defendant was not only an investigative agency but also an investigative agency.

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