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(영문) 서울중앙지방법원 2017.08.09 2017고정914
재물손괴
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2015, the Defendant 1:20, the Seocho-gu Seoul, around December 27, 2015, on the ground that: (a) the Defendant had drinking together with drinking and scam together with drinking and reported to the police by the Victim E; and (b) the Victim E reported to the police.

F. By entering the above car page in which the victim could not receive transmission of CCTV images in a smartphone through a smartphone app, such as dumping all of the cables and wires connected to the computer monitoring in the location, Internet abandonment, etc., the victim damaged the utility of CCTV transmission devices equivalent to 200,000 won, which are composed of CCTV and Internet abandonment, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to each investigation report and photographic materials;

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 assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion ① Although the defendant has committed an act as indicated in its reasoning, there was no intention to have the victim be unable to receive the CCTV images from the victim through a smartphone app.

② The CCTV image transmission device among the facts charged in the instant case was not specifically identified.

2. Determination

A. ① As to the assertion, the crime of destruction of property is established when a special media record, such as another person’s property, documents, or electronic records, such as electronic records, is destroyed, concealed, or otherwise impairs its utility (Article 366 of the Criminal Act). Here, in a case where the utility thereof is harmed by damage or concealment, not only is it made into a state in which goods, etc. cannot be used for its original purpose but also is made into a state in which goods, etc. cannot be used for its original

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