(영문) 청주지방법원 충주지원 2014.01.17 2013고단496

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(영문) 청주지방법원 충주지원 2014.01.17 2013고단496

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is a person in a de facto marital relationship with the victim C.

On February 5, 2013, at around 19:30 on February 5, 2013, the Defendant: (a) took advantage of the regrasium, which is a dangerous object, the market price of the Defendant and the victim E, and continuously owned by the victim C, on the ground that the victim E, who was born between the victim C and his husband, uses the computer lickly in the dwelling of the Defendant and the victim C, at the location of the Defendant, who was jointly owned by the victim C, was damaged by a funeral hall and Nohbuk, the market price of the defendant and the victim C, which is a dangerous object, was the joint ownership of the victim C.

2. The summary of the Defendant’s assertion is true that the Defendant’s computer, decoration, and stript North Korea as indicated in the facts charged are carried out by the Defendant. However, since all of them are purchased by the Defendant and are owned by the Defendant, such act does not constitute the crime of damaging another’s property under the Criminal Act.

3. Determination

A. In light of the following facts: (a) the Defendant’s statement in this court and investigative agency; (b) the Defendant’s statement and investigation report (such as statement of trading and statement of passbook transactions; 72 pages, 74 pages, and 75 pages of evidence records); (c) the Defendant appears to have purchased a computer, Nowon-gu, and decoration as stated in the facts charged in the instant case’s charges with the Defendant’s funds to be used in the enterprise operated by himself/herself; and (d

B. C, which is the victim of the damage to Nowon-gu and the decoration, stated in the facts charged of the instant case that he/she purchased Nowon-gu and the decoration in the investigative agency as his/her own possession on the ground that he/she purchased the Nowon-gu and the decoration. However, the Defendant submitted the above specific purchase data. On the other hand, C is unable to submit any specific data to support his/her own statement, and it is difficult

In addition, the above defendant purchased Nowon-gu and decoration.

참조조문

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