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(영문) 대구지방법원 상주지원 2013.07.09 2013고단182
재물손괴
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant appears to be a clerical error in the facts charged at around 23:00 on February 11, 2013, in light of the seven pages of the investigation record with higher credibility as to the date and time of the crime.

The phrase "E" written in the facts charged of the victim D, which was parked at the front of the Chyeong-si, is obvious that it is a clerical error in the light of evidence, such as 24 pages of the investigation records.

The term "4216" written in the F facts charged as owned is clear that it is a clerical error in light of the evidence, such as 19 pages of the investigation records.

"A 2.5 million won stated in the facts charged in KRW 1,827,98, as a supplementary pipe in the front and rear glass, etc. of the Matz car by misunderstanding it as a arbitr or a G car which is not good between the defendant of the ordinary office and the defendant, it is obvious that "a arbit 2.5 million won is a clerical error in light of the evidence, such as the investigation records, etc.

To this end, the car was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written statement prepared by the defendant;

1. Written estimate;

1. Application of statutes on motor vehicle registration certificates;

1. Relevant Article 36 of the Criminal Act and Article 366 of the Criminal Act regarding criminal facts, the choice of a fine [Article 10(1) or (2) of the Criminal Act shall not apply to the defendant at the time of committing the instant crime, since it is not deemed that the defendant did not have the ability to discern things or make decisions, or did not have the ability to discern things or make decisions in light of the body and memory of the defendant's investigative

1. Articles 70 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;

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