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(영문) 서울동부지방법원 2020.11.26 2020고정876
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On April 25, 2020, at around 11:35, the Defendant changed the location of CCTV camera installed for the purpose of confirming access, preventing theft, etc. to “D” located in Songpa-gu Seoul Metropolitan Government, which is adjacent to the farmland leased by the Defendant from the Asset Management Corporation, to make it impossible to achieve the purpose of installing the CCTV by recklessly changing the location of CCTV camera owned by the victim, which was installed for the purpose of preventing access, theft, etc. to the farmland.

Summary of Evidence

1. The Defendant’s partial statement protocol of the police protocol against the Defendant in the protocol of interrogation of a police protocol on the part of the Defendant’s statement is established in cases where the use of CCTV data, etc. is harmed by destroying or concealing another’s property or by any other means. Here, the crime of causing damage to the utility of the CCTV is included not only in cases where goods, etc. cannot be used for the original purpose, but also in cases where goods, etc. cannot be used for the original purpose as a material destruction or concealment, but also in cases where the utility cannot be lost by temporarily performing a specific role such as things, etc. (see, e.g., Supreme Court Decision 2016Do9219, Nov. 25, 2016). It is sufficient to view that the Defendant’s act of changing the location of CCTV camera owned by the victim using a enormous machine to make it impossible to achieve the purpose of installation of the CCTV, and (ii) the Defendant was scheduled to bring in a vinyl, etc. using a large truck at the time, and thus, was likely to interfere with the entry of the above truck.

Any material that corresponds to the assertion that the schedule has been postponed.

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