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(영문) 수원지방법원 평택지원 2017.08.30 2016고정534
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 20, 2016, the Defendant discovered that the victim C (son, 47 years of age) parked on the second lane of the 2nd lane in the Dog-ro 257-150, Pyeongtaek-si, Pyeongtaek-si, and caused the traffic congestion and damaged the Defendant’s property worth KRW 1,620,000 on the front glass of the damaged vehicle, on the ground that he did not have any answer despite having sent letters, the Defendant sent two head of the notice of prohibition of parking and the paper tape at the end of the front glass of the damaged vehicle without any answer.

In the written indictment, the Defendant and the defense counsel stated that “a notice on prohibition of parking shall be posted in a paper tape at the right edge of the damaged vehicle, and a knife knife shall be knifeed.” However, the Defendant and the defense counsel stated that “at the time, the Defendant attached a notice on prohibition of parking and a paper tape on the damaged vehicle, and sent a paper tape in the knife in the knife knife,” and the Defendant and the defense counsel stated that the paper tape was changed to the purport to the effect to the effect to the effect that “when based on the evidence, the Defendant’s sign on prohibition of parking and the paper tape was attached to the damaged vehicle, and that the paper tape was damaged by a knife, so that they were removed from

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. C’s statement;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of this case, at the time of this fact, the defendant attached a notice of prohibition of parking and paper tape to the damaged vehicle, and then recognized the paper tape as a knife. However, the defendant's above act did not cause damage, such as any defect in the damaged vehicle.

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