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(영문) 서울남부지방법원 2013.11.14 2013고정2321
재물손괴
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 18:50 on May 11, 2013, the Defendant destroyed the property to cover approximately KRW 750,000,00 in the D Apartment Complex 4, 401 parking lot located in Gangseo-gu Seoul Metropolitan Government, on the ground that the Defendant was parked in the victim EF K7 car even though it is not a resident vehicle.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Statement to E by the police;

1. Each written statement of E and G;

1. Photographs of destroying and damaging property;

1. Application of Acts and subordinate statutes to a investigation report (the inspection and maintenance statement of the victim's motor vehicle and submission of a quotation);

1. Relevant Article 366 of the Criminal Act and Selection of Penalty concerning the Crime. Article 366 (Selection of Fine)

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

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

1. It shall be decided as above on the grounds of Article 186 of the Criminal Procedure Act bearing litigation costs [the total amount of 461,600 won = the remuneration of attorney-at-law 35,600 + the expenses relating to the witness 106,00 won [the amount of 50,000 won per day + the travel expenses of 3,00 won + the expenses of 53,000 won per day + the expenses of 53,000 won per day + the travel expenses of 3,000 won per day + the expenses of 53,000 won per day] or more;

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