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(영문) 대구지방법원 김천지원 2014.05.20 2013고정466
재물손괴등
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Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On February 10, 2013, at around 00:55, the Defendant broken off the Victim E’s “F” 116 of the victim’s 1st floor of the D building D located in Gumi-si, Gumi-si, from the house of “F” to the house of the above heading with drinking, and let the beer, ker tin, and so on on the floor, which were on the table.

Accordingly, the defendant damaged the property owned by the victim in the city.

Summary of Evidence

1. The defendant's partial statement in court (the purport that the table is appropriate for unloading);

1. Each legal statement of E, G, H, I, and J;

1. Each police statement to E, G, H, and J;

1. Application of Acts and subordinate statutes to report occurrence of a crime, damage to property, investigation report, etc. (on-site situations, etc.);

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion about the crime of causing property damage of this case is merely a kind of defendant's act about the crime of causing property damage of this case's defendant's act while under the influence of alcohol, and it is difficult to see that the defendant's act is a criminal intent as to the fact that the plaintiff's act is about the rest of the table, which he did not go on the table, due to such an act. Even if the defendant's criminal intent is acknowledged, it is difficult to see that there is a criminal intent as to the defendant's act about the crime of causing property damage of this case's case's defendant's act constitutes an act that is socially reasonable or that has no punishment. Even if the defendant's act is acknowledged as a criminal intention, the defendant's act should be pronounced not guilty because the defendant's act falls under an act that does not fall into the floor of the bar or clothes, or falls under an act that does not fall into the remaining floor of the bar due to such an act.

판시 각 증거에 의하면, 당시 피고인은 동생과의 언쟁 중에 흥분한 나머지 테이블을 “쾅” 소리가 나도록 세게 내리쳤고 그 충격으로 위 테이블 위에 있던 술잔들이 “와장창” 소리를 내면서...

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