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(영문) 광주지방법원 순천지원 2012.07.06 2011고정995
재물손괴
Text

The defendant shall be innocent.

Reasons

1. From 00:00 on February 2, 201 to 09:20 on the same day, the Defendant: (a) parked the Defendant’s vehicle on the front day of the 2009:20-day road in front of the same day; (b) the victim D was unable to park the Defendant’s vehicle by parking the said vehicle in front of the instant place where the Defendant parked, which caused the son’s car to fall off; (c) the Defendant spits down the said vehicle on the seat knife and knife the knife, knife the knife, knife the knife, knife the knife with the driver’s seat knife; and (d) damaged the said vehicle that is a victim’s possession by using a fl

2. The defendant and his defense counsel asserted that spits or spits on the victim's vehicle, but they are spits by cutting a brine between driving seats, and there is no fact that flap is flaping by using a flash tool.

3. Determination

A. As to whether the Defendant was flicked with the driver’s seat of the victim vehicle and flicked with a knive tool, it is not sufficient to recognize it solely with the witness D’s legal statement, the witness D’s statement, the police’s statement, and the damaged evidence photograph, and there is no other evidence to acknowledge the above facts.

B. The crime of spitation on a victim's vehicle is established when the defendant damages or conceals another's property or damages the utility of another's property by other means. Here, the crime of spitation on the victim's vehicle is established when the use of the property is damaged or concealed. The crime of spitation on the victim's vehicle is practically or in appraisal that makes the property unusable for its original purpose. It refers to making it into a state in which the property cannot be used for its original purpose, but it also includes making it into a state in which it is temporarily impossible to use the property. However, the spitation on the victim's vehicle is irrelevant to the operation which is the original utility of the vehicle, and even if it is possible for the victim to feel the victim.

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