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(영문) 인천지방법원 부천지원 2017.11.22 2017고정755
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 September 12, 2016, the Defendant: (a) around 14:35 on September 14, 2016, up to the time limit for the victim D and security deposits, and (b) damaged the eclar C300 vehicle front and main part of the eclar C300 vehicle owned by the victim so that the repair cost would be approximately KRW 2,067,60.604 of the eclar C300 vehicle may be cut back by hand and walked by hand.

[Defendant and defense counsel asserted that the Defendant only left the main set of the instant vehicle in his hand at the time and place recorded in the facts charged, and that there was no supporting fact for the part concerning the crime.

However, according to the evidence duly adopted and examined by this court, the defendant can sufficiently recognize the fact that the defendant damaged the vehicle in this case by the method as stated in its reasoning.

The defendant and defense counsel are without merit.

(1) A witness of a defendant's act of destruction and a victim D, who is her husband, shall be present in this court and take an oath, and the defendant has observed the destruction of the vehicle in this case by hand.

Clearly stated.

In light of the consistent and specific fact that the statement from an investigative agency to this court and the attitude of the court’s statement, the statement can be sufficiently believed.

On the ma that the Defendant recognized the fact that the instant vehicle was damaged by hand, the Defendant cannot be able to find out the motive for the Defendant to make a statement by exaggerationing the Defendant’s act while taking the risk that F would be punished for perjury.

Rather, F and D are aware that the Defendant was under the influence of alcohol for a period of more than five hours and damaged the instant vehicle, etc., and there are circumstances where the Defendant was aware that he was under the influence of alcohol, and that he did not report to the police, and that he did not report to the police.

2. The instant vehicle was a new car that was released only once a day from the factory.

Along with the defendant's long time, there was a shaking of the vehicle of this case on the part of the driver, etc.

(3) The F shall have taken pictures.

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