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(영문) 서울북부지방법원 2019.09.25 2019고정932
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

The defendant is a person who resides in Seoul building C.

On February 20, 2019, at around 17:58, the Defendant parked a Kab car in the above B-house parking lot on the ground that the victim D was not a resident of the above Bara, the Defendant left the front of the above vehicle, and continued to put the wheel with the front right of the above vehicle on March 13, 2019, by leaving the front right of the above vehicle, making it impossible to operate the vehicle by leaving the wheel with the front right of the above vehicle on March 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Vehicles violating parking regulations asserts that the use of a vehicle does not harm the victim's vehicle even if the defendant was unable to walk the vehicle. The crime of causing property damage under Article 366 of the Criminal Act is established when the utility of the vehicle is damaged by destroying, concealing, or any other means the property of another person. Here, the crime of causing damage to the utility of the vehicle constitutes not only the act of making it impossible to use the property for its original purpose, but also the act of converting it into a state in which it cannot be used temporarily (see, e.g., Supreme Court Decision 92Do1345, Jul. 28, 1992). The following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the defendant was unable to move the vehicle to the front wheels of the victim's vehicle, and the victim filed a complaint with the police around February 27, 2019, but the defendant did not have the wheels of the vehicle due to the act of causing damage to the victim on March 13, 2019.

Defendant

The assertion of defense counsel.

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