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Reasons
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(영문) 대구지방법원 상주지원 2019.06.11 2018고정103
재물손괴
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Defendant

A A shall be punished by a fine of KRW 1.5 million, by a fine of KRW 500,000,000, and by a fine of KRW 1 million.

Reasons

Punishment of the crime

1. At around October 26, 2017, Defendant A and Defendant C committed joint criminal acts: (a) around 14:35, at the F cafeteria parking lot operated by the victim E (the 36-year-old age), Defendant A, as a result of the restaurant signboard installed by the victim E (the 36-year-old age). Defendant A used the victim’s bridge 2 to 3 times, thereby shakeing the victim’s breath; and (b) Defendant C committed assault by force 10 seconds of the victim’s breath.

As a result, the Defendants jointly inflicted injury on the victims, such as salted tensions, tensions, etc. in need of treatment for about two weeks.

2. Defendant A

A. On October 27, 2017, the Defendant assaulted the victim E (the 36-year-old) about 2-3 times to drink the victim’s chests, 6-7 knife flicking flick, and flicked the flick, 5 times to head.

B. On October 28, 2017, the Defendant damaged the function of the signboard at the above F cafeteria parking lot on October 15, 2017, on the ground that the victim E voluntarily installed the signboard, thereby damaging the function of the signboard in a manner that the cafeteria signboard (a 5m, vertical 1m) stating “F cafeteria parking lot” is of the same size as the blick board of the same size.

3. Defendant B, around October 26, 2017, at the above F cafeteria parking lot around 14:35 on October 26, 2017, on the ground that the victim E arbitrarily performed the concrete floor construction, Defendant B damaged the hacker column (10cm in diameter) of the signboard owned by the victim in the market price by one half of the diameter of the electric hacker.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. All of the photographs installed by the field and CCTV closures;

1. CCTV images;

1. In each investigation report CCTV images and a caps, each of the breaths of Defendant A and C appears to be clear, and around October 26, 2017, around 14:35, Defendant A unilaterally duplicing the bat of the victim, and at the same time, Defendant C only dupliced the victim’s bat, and otherwise the victim’s attack.

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