(영문) 대전지방법원천안지원 2020.11.10 2020고정399

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(영문) 대전지방법원천안지원 2020.11.10 2020고정399

재물손괴

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 22:50 on February 24, 2020, the Defendant damaged the property owned by the victim by destroying goods in total equivalent to KRW 2,79,000,00, 2,799,000 on the floor of the Asan City B building, and the victim D (the 33 years of age) living together under subparagraph C (the 33 years of age) are pregnant and have good physical condition, and thrown fighting each other, and thrown a Handphone (the 8.90,000 won at the market price) owned by the victim, and continuously damaged the property owned by the victim by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol of statement of D to Acts and subordinate statutes governing field photographs;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument that the defendant damaged the accelerators owned by the victim is recognized, but there is no fact that the Handphone or coffee machine was damaged.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant was deemed to have damaged the victim’s handphone and coffee machine.

Therefore, the defendant and defense counsel's assertion is not accepted.

On March 25, 2020, the victim made a statement to the effect that the defendant damaged the Handphone, scam, scam, and coffee machine in the written statement immediately after the case, and then the police made a statement that the defendant was damaged by leaving the Handphone on the floor and damaged the scam, scam, and coffee machine even at the time of investigation by the police.

On April 3, 2020, at the time of the investigation by the police, the victim reversed the statement by asserting that there was no fact that the defendant intentionally destroyed as alleged by the defendant.

However, the victim is investigated by the police first.

참조조문

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