(영문) 대구지방법원 김천지원 2019.01.24 2018고정304

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(영문) 대구지방법원 김천지원 2019.01.24 2018고정304

재물손괴

Text

Defendant shall be punished by a fine not exceeding three hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 18:00 on August 24, 2018, the Defendant damaged the property amounting to KRW 200,000,000 by putting the victim C (the age of 63) who was not good due to the vehicle parking problems in front of his office in front of his office at his office at the time of his office, on the ground that the vehicle parking problems in front of his office would interfere with the parking and passage of vehicles.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. The crime of causing property damage under Article 366 of the Criminal Act is also limited to the crime of causing damage to the original utility by causing physical damage to the material form or body, and it does not necessarily require damage to the material form or body, and it is minor to the extent that it can be simply repaired. According to the evidence of the court below, it is recognized that the part of the wooden pole was the act of the defendant, and that the part of the scood box was the scood. Even though the degree of damage of the above article is insignificant and the victim continues to use it, it is recognized that the transfer of the article was physically damaged and its utility has decreased, and therefore the crime of causing property damage is recognized.).

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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration considering favorable circumstances, such as the fact that the degree of damage is insignificant, the victim recovers and uses the wooden columns and water heads, the victim does not want the punishment against the defendant, and the fact that the victim has no record of punishment other than once a fine for this species

참조조문

유사 판례

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