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(영문) 대구지방법원 김천지원 2015.01.14 2014고정589
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 13, 2014, at around 14:30, the Defendant was proceeding straightly with the DSS7 car running by the victim C in front of the Gangnam Hospital located in the Seocho-gu, Seoul Special Metropolitan City. As such, the Defendant: (a) was unable to pass through the road; (b) the Defendant took a bath to the victim, such as “I am unable to do so; (c) I am the victim’s “I am dead”; (d) I am the victim’s “I am dead,” and (e) caused the damage to the victim’s property by shicking the Defendant’s car driver’s seat repair cost of the 293,772 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes to field photographs and estimates;

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

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant does not intentionally destroy the above driver's seat.

In light of the above evidence, it is reasonable to view that there was the intention of the damage of the victim, in full view of the above facts, that ① the distance of the vehicle and the vehicle for the victim at the time was 50 centimeters or less, ② the favorable window which the defendant was making a dispute with the victim while the vehicle was set off in favor of the vehicle, and the vehicle was opened in favor of the victim, and the driver's seat was shocked.

Therefore, the above argument shall not be accepted.

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