(영문) 춘천지방법원 강릉지원 2021.01.28 2020고정237

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(영문) 춘천지방법원 강릉지원 2021.01.28 2020고정237

특수재물손괴

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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 13, 2020, the Defendant destroyed and damaged the cement wall equivalent to KRW 900,000 at the market price owned by the victim by the Defendant, i.e., KRW 20,00,00 by cutting off the fence on the land owned by the victim in front of her own house. On January 13, 2020, the Defendant: (a) around the fenced land owned by the victim in C on March 13, 202; (b) took back the fence once again; and (c) took back the cargo vehicle again; and (d) took back the cargo vehicle once again; and (d) took it more.

Summary of Evidence

1. Statement made by the police for B and E;

1. On-site photographs;

1. The charge is denied to the effect that the Defendant did not intentionally destroy the fence at the time of the instant case, but did shock the fence due to the negligence in the operation of cargo vehicles. The Defendant did not intentionally destroy the fence at the time of the instant accident.

However, according to the CCTV images that taken the above evidence, especially the scene of the accident, it is confirmed that the Defendant was more than once again again again after moving back the wall, after showing the appearance that the Defendant had seen to have returned to the rear and confirmed the location of the wall before driving the cargo vehicle.

In light of the above facts, the defendant intentionally damaged the wall by driving the vehicle towards the wall while recognizing the existence of the wall on the rear side at the time when he was driving the cargo vehicle and the location of the wall.

The decision is judged.

Therefore, the facts charged are found guilty.

Application of Statutes

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

참조조문

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