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(영문) 청주지방법원 2018.11.28 2018고정330
재물손괴
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2017. 11. 1. 22:40 경 충북 증 평 군 B에 있는 피해자 C(22 세) 이 운영하는 'D' 앞길에서, 피고 인의 일행이 택시 안에서 토한 것에 시비가 되어 택시기사와 싸우던 중 화가 나 카페 앞에 주차되어 있던 피해자 E 소유인 F 지프 체로키 승용차 본네트를 손으로 짚고 운전석 앞 휀 다 부위에 몸을 기대어 움푹 들어가게 하는 등 수리비 187만 원 상당이 들 정도로 피해자 E 소유의 승용차를 손괴하였다.

[Defendant and defense counsel asserted that no vehicle was damaged as stated in the facts charged, but recognized by the record, the witness C saw that a woman who is a single criminal defendant of the defendant c was sparing the defendant and expected on the side of the vehicle.

The statement, the witness G also showed that the defendant was expected to live in the vehicle, and that he was found to have slicked at the time.

The witness also stated that the president of H. H.C. was fluoring a fluoring about the vehicle.

The statement, according to the photograph taken by the police officer at the time of the dispatch to the scene, the fact that the driver is in his/her possession on the vehicle (the investigation record No. 39 through 41) and the defendant is not sufficiently memoryd at the time of the police investigation.

In light of the fact that the defendant does not have any damage to the vehicle before this court, and that the part requiring acceptance of the estimate of the vehicle corresponds to that of the damage to the crime, etc., the defendant is sufficiently recognized to have damaged the vehicle as stated in the crime. Thus, the above assertion by the defendant and his defense counsel is without merit)

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. The legal statement of the witness H in part;

1. Investigation report (related to attaching on-site photographs at the time of dispatch of report 112), and the application of statutes explaining photographs;

1. Article 366 of the Criminal Act applicable to the crime and Article 366 of the choice of punishment (Optional to Penalty) of the Criminal Act.

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