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(영문) 수원지방법원 2017.08.29 2016고단5489
재물손괴
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 19:40 on August 14, 2016, the Defendant: (a) laid down bags containing garbage on the roads of the Young-gu, Young-gu, Young-gu; (b) on the ground that the Ebenz car owned by the victim D was illegally parked on the roads; (c) laid down the bags containing garbage; (d) set off the front glass for the car; (d) cut off the glass for the vehicle with the bags containing garbage; and (e) damaged the said car, such as repair cost, 7,120,516 won, such as a refluent glass exchange, by force plucking it by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A photograph of a damaged vehicle and a photograph by cutting a stude which causes damage to a victim's vehicle;

1. The CD (No. 17 No. 5 of evidence list);

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the Defendant and the defense counsel under Article 62-2 of the Criminal Act, Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders

1. The summary of the argument acknowledged that the Defendant committed an act identical to that stated in the facts charged of the instant case, but the damaged vehicle was destroyed to the extent that the damaged vehicle requires approximately KRW 7,120,516.

shall not be deemed to exist.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the court can recognize the fact that the damaged vehicle was destroyed to the extent that it requires repair costs as stated in the instant facts charged by the Defendant’s act.

The defendant and defense counsel are not accepted.

A. According to the video (Evidence No. 17) marked on the black box of the damaged vehicle (Evidence List No. 17), the Defendant confirms that a considerable size of the damaged vehicle’s bags containing fingers and garbage are left in the front and rear glass bars of the damaged vehicle.

In addition, the defendant gets out of the left side of the damaged vehicle.

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