Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On November 3, 2013, at around 13:10 on November 3, 2013, the Defendant damaged the amount of KRW 120,000 on the cargo hold exchange cost, which is owned by the Defendant, due to the acquisition of the cargo owned by the victim D (the age of 53) from the Yeonsu-gu Incheon Metropolitan City C Apartment 106 (the age of 53).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Written statements and estimates;

1. Application of investigation reports (report on confirmation of intention of punishment) and Acts and subordinate statutes;

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

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

1. 가납명령 형사소송법 제334조 제1항 피고인과 변호인의 주장에 관한 판단 피고인과 변호인은, 피고인이 피해자 소유의 화물차 운전석 유리창을 돌로 내리친 사실은 인정하나, 피해자의 승낙을 받고 유리창을 깼으므로 위법성이 조각된다고 주장한다.

In light of the records of this case, the victim transferred 300,000 won to the defendant for the purpose of scrapping, but the defendant transferred the cargo vehicle to another person without scrapping, and the victim was in custody in the apartment parking lot and the defendant found the cargo vehicle operated by the person. According to the comparison of cargo vehicles, the owner of the cargo still is the victim, the defendant and the victim were in the issue of the acquisition of the cargo vehicle again, the defendant and the victim were in the presence of the cargo vehicle again, and the victim stated that the defendant damaged the glass window of the driver's seat and then the victim stated that the victim was at the time that the vehicle was damaged, and then the victim did not consent to the loss of the glass window of the remaining vehicle. Thus, the above assertion by the defendant and the defense counsel cannot be accepted.