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(영문) 서울남부지방법원 2014.11.04 2014고정2481
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From 01:00 on May 12, 2014 to 03:20 on the same day, the Defendant: (a) called the victim E, who parked the DK5 vehicle, to move or parking the said vehicle; (b) on the ground that the victim refused to move it, the Defendant got off the vehicle from the front door to the rear door of the seat of the said vehicle, and thereby, had the effect of the property whose estimation of repair cost cannot be known.

Summary of Evidence

1. Statement of the police statement of E;

1. A report on internal investigation (verification of CCTV near the place of occurrence), CCTV video CDs;

1. Application of the investigation report (related to the verification of generated places CCTV and black boxes), CCTV video CDs, and the Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his defense counsel denied that the Defendant did not destroy or damage the damaged vehicle. Thus, according to the following circumstances, according to the private CCTV images, the Defendant first moved from the damaged vehicle to the front of the damaged vehicle when he was naturally occupied by the Defendant, and then then moved back to the front of the damaged vehicle. The second appears to have moved from the front of the damaged vehicle in contact with the damaged vehicle while the Defendant was able to get out of the damaged vehicle. The second is very consistent with the height of the parts and the parts of the damaged vehicle that the Defendant had contacted with the Defendant’s hand, and the person approaching the damaged vehicle from the time of the Defendant’s call to the time of confirming the condition of the victim from the time of the damaged vehicle to the time of confirming the condition of the damaged vehicle.

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