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(영문) 대전지방법원 2020.05.21 2020고정122
재물손괴미수등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 00:20 on April 30, 2019, the Defendant: (a) was aware that the victim C (the 33 years old) driving a k5 car on the front of Seo-gu Daejeon, Seo-gu, Daejeon (the 200:0:0 on April 30, 2019) prevented the Defendant from driving on the road; (b) caused the victim’s vehicle from driving on the road; and (c) caused the victim’s vehicle to set a knife with the passenger car while driving the knife with the victim; and (d) was able to set the victim’s vehicle knife with the victim’s vehicle knife on the two hand floor; and (d) was

2. At the date and time set forth in paragraph 1, the injured Defendant inflicted injury on the victim, with the face of the victim who was seated in a driver’s seat by putting the victim’s car windows in the victim’s car room as a handsaw the victim’s face, such as impairment of the character of a detailed face requiring treatment for about three weeks.

Summary of Evidence

1. Statement of the police statement regarding C;

1. C’s statement;

1. Damage photographs and on-site photographs;

1. Investigation report (to attach a black stuff image accompanied by a victim);

1. An investigation report (attaching a written diagnosis, etc.);

1. Notification to the department related to the report of 112 Incident, the offender's place and voluntary movement report;

1. Application of Acts and subordinate statutes to report investigation results;

1. Relevant provisions of the relevant criminal facts, Articles 371, 366, and 257 (1) of the Criminal Act (the point of attempted destruction and damage of property and the selection of fines) of the multiple-choice criminal punishment;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Labor House Detention Criminal Act was not only a request for formal trial, but also in the court, the defendant argued that if the victim gets a large and long manner while leaving the vehicle toward the defendant, and the victim gets a large amount of light, the dispute began with one another, and that the defendant does not intentionally have the face of the victim.

However, it is difficult to make the victim's face image, which appears on the left-hand side, like the defendant's assertion.

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