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(영문) 광주지방법원 순천지원 2016.05.26 2016고정116
재물손괴
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

The defendant is a resident of the same village as the victim, who is engaged in agriculture in a residential area.

On November 9, 2015, around 17:24, 2015, the Defendant: (a) moved in a c bargaining vehicle owned by the victim, which was parked on the street near the victim’s house, and damaged the back glass of the vehicle equivalent to KRW 1.60,000 at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. CCTV images;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the Defendant’s assertion was merely vain in order to catch vain, such as tabin, due to the influence of drinking a drug whose name was unknown at the time of the instant case, and there was no intention to do so.

2. In light of the method of throwing a stone by the Defendant, the degree of damage, etc., recognized by each of the evidence as seen earlier, the Defendant laid the stone for the purpose of leaving other objects as alleged by the Defendant.

Even if it is possible to fully recognize the willful negligence of the damage of the vehicle.

B. Recognizing that the Defendant’s assertion was committed under the mental or physical weakness or loss of body and body, in light of the Defendant’s behavior revealed in CCTV, it does not seem that the Defendant did not have or lacks the ability to discern things at the time of committing the instant crime.

Therefore, all of the above arguments by the defendant cannot be accepted.

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