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(영문) 의정부지방법원 2020.06.18 2019고단4193
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the driver of the BMW car, and the victim C(53) was the driver of the DM car, and the victim C was dissatisfied with the complaint between May 17, 2019 and May 17, 2019 and 17:40.

1. At around 17:40 on the same day, the Defendant: (a) caused the victim to stop on the 43 km away from the old-west road north of the Sincheon-si, Gyeonggi-do, in the vicinity of the road at the 43 km away from the old-west west-si, Sincheon-si; and (b) caused the damage to the friendly mountain, which is a dangerous object in the ridge of the said vehicle, by taking out the friendly mountain, which is a dangerous object in the ridge of the said vehicle.

2. The Defendant committed the assault by putting the victim’s head debt on hand by standing in a driver’s seat at the time and place mentioned in paragraph 1.

3. The Defendant is proceeding about 1.4 km in old direction at the time and time specified in paragraph (1).

After re-stopping the cargo of the victim following the expressway, it extracted about 1.5 meters in length the plastic material sealing (1.5m in length) which is a dangerous object installed on the expressway, and made intimidation to the cargo vehicle stopped as if it would inflict any bodily harm on the victim.

4. The Defendant damaged the property by taking up the key of the victim, who was sticked from the cargo vehicle at the time and place specified in paragraph 3, and the key of the victim who was sticked to the cargo vehicle at the time and place, to the opposite direction to the expressway.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against the defendant (including a cross-examination toC);

1. C’s statement;

1. The Defendant denies part of the facts charged with the purport that the relevant photographs, vehicle comprehensive shop drawings, splic pictures, video data CDs, night splic photographs, and the Defendant did not damage the victim’s splics, contained the victim’s splics, and did not shake the victim’s hairs, and did not pose a threat to the victim by plastic material sealing.

(b).

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