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(영문) 창원지방법원 통영지원 2017.09.18 2017고정213
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 22, 2016, the Defendant: (a) at the main point operated by the Victim D in Masung-gun, Gosung-gun, Gosung-gun, Nam-do around 01:00 on December 22, 2016, with respect to the Defendant’s payment of the amount of three million won after drinking alcohol at the main point above on December 18, 2016; and

As calculated on that day, the injured party caused the damage to the victim's property, such as "Ara with a 3 million Won of fish," and "Ara with a 3 million Won of fish," caused the damage to the victim's property, such as where the injured party had a 21-year 3 bottled alcoholic beverage with a 21-year 3 bottled alcoholic beverage, and got the glass of the wall side of the musical instruments on the part of the injured party, and the glass and the other was broken, and the repair cost equivalent to 6.5

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. 112 Reporting case handling table;

1. Each report on internal investigation (the investigation of the dispatch to the scene, accompanying a photograph);

1. Each investigation report (a copy of the written estimate for acceptance, hearing of the victim's telephone statement, and confirmation and investigation of additional estimate) / (a) the defendant and his/her defense counsel asserted that ① although the defendant had a fact that he/she had placed both mains on the floor by setting up against the victim's abnormal behavior, there was no intention to damage property, and ② the defendant's act did not violate the victim's passive resistance acts or social rules that set up against the victim's abnormal behavior; ② the defendant's act was a legitimate act that did not violate the victim's passive resistance acts or social norms; ③ the defendant took a weak amount of a long period of time, and fulfilled his/her professional mission as a dentist, it constitutes grounds for mental and physical weakness or liability.

The witness D’s legal statement concerning the facts charged in the instant case is reliable, and the facts charged in the instant case can be fully acknowledged based on other evidence duly adopted and investigated by the court.

In addition, the crime of this case does not violate the social norms in light of all the circumstances indicated in the records, such as the background and attitude of the crime of this case, the act of the defendant before and after the crime, and the circumstances after the crime.

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