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(영문) 서울서부지방법원 2015.02.11 2014고정1691
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 04:20 on December 26, 2013, the Defendant: (a) sought a mobile phone from the victim E in front of the Hancheon University Hospital located in Yongsan-gu, Seoul, Yongsan-gu, 657-64, to find his mobile phone; (b) came from the head door of the Fbenz car owned by the victim to walk about 30 cm with a 1,507,275 won, thereby damaging another’s property at its repair cost; and (c) destroyed another’s property by continuously destroying the amount of a mobile phone owned by the victim to be 209,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E or G testimony;

1. A protocol concerning the interrogation of suspects of E;

1. Damage photographs;

1. Application of the statutes governing repair estimates;

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

1. Article 59 (1) of the Criminal Act (the fact that there are no criminal records against the defendant and there are circumstances to be considered in the course of committing the crime, and the victim does not want the punishment of the defendant);

(a) Punishment to be suspended: Fine of 700,000 won;

B. The defendant's assertion about the defendant's assertion under Articles 70 (1) and 69 (2) (100,000 won a day) of the Criminal Act is that (i) although there is a possibility that a vehicle might be damaged by a vehicle in the process of a non-discriminatory violence from E, there is no intention to consent, and (ii) even if there is a fact that a vehicle was damaged by intention in domestic affairs, it constitutes self-defense. However, although ① considering the statement at the investigation agency and the court, the vehicle's photograph and the damaged part and the damaged part of the vehicle's photograph, it seems that the defendant's act of causing property damage cannot be seen as a considerable act to avoid the present danger.

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