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(영문) 대전지방법원 2019.02.21 2018고정925
재물손괴
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 5, 2018, at around 23:00, the Defendant: (a) set up the front part of the street car (D) owned by the Victim C, which was parked in front of the Defendant’s house located in Seo-gu Daejeon, Seo-gu, Daejeon, one time, and damaged the front glass of the vehicle, the net part, etc. to be repaired by 350,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement and photographs of damaged articles;

1. As a result of the video appraisal, a notice of the results of the video appraisal, a CD reproduction (the defendant's defense counsel contests the purport that the defendant did not damage the damaged vehicle, but the notice of the results of the video appraisal, which is the evidence duly adopted and investigated, and the evidence such as the CD reproduction, etc., the relevant seal appearing in the screen screen image from May 5, 2018 to 22:54, when considering the fact that the damaged vehicle was seen as the defendant, and immediately after the defendant enters the house, it is reasonable to deem that the defendant committed the crime of damaging the property in this case, and that the above person's vehicle was damaged by a person other than the defendant, and cannot be deemed to have been damaged by another person at that time).

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 of the Criminal Procedure Act to bear litigation costs (300,000 won for the basic remuneration of a public defender);

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