(영문) 서울남부지방법원 2015.02.04 2014고정2968

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.02.04 2014고정2968

재물손괴

Text

Defendant shall be punished by a fine of KRW 100,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 30, 2014, around 20:30 on July 30, 2014, the Defendant, who was dissatisfied with the parking of a vehicle in front of the office of the Pyeongtaek Defendant, destroyed a vehicle owned by the victim by using a stick with a view to parking of the damaged vehicle E-car of the victim D, and damaged the net so that it can cover the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing witness D and F's respective statutory statements;

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. The defendant and his defense counsel asserted that the crime of causing property damage is not established since the defendant had no intention to destroy the victim's net as a stick, although he was involved in a kind of a victim's vehicle from the beginning, and the degree of such intention was not insignificant.

For the crime of causing property damage, the term "damage" means that a material or a physical damage is caused by the direct exercise of force of all or part of the property, etc., thereby destroying or reducing the original utility, and it is sufficient to recognize the criminal intent of causing property damage, if there is a perception that his act would lose the utility of the property owned by another person.

I would like to say.

(See Supreme Court Decision 2006Do2307 delivered on September 8, 2006). In this case, the defendant recognized the victim's net as a stick, and according to each evidence of the judgment, the victim stated that the victim had consistently observed and verified the victim's stick up to this court until this court, and the police officer F dispatched upon the victim's report was sent to the scene of this case at this court.

참조조문

유사 판례

-대구지방법원 2014.09.17 2014고정1169

-대구지방법원 김천지원 2019.01.24 2018고정304

-춘천지방법원 2014.08.27 2014노275

-대구지방법원 2015.09.10 2014노3715

-부산지방법원 2015.08.28 2015노1627