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(영문) 인천지방법원 부천지원 2017.05.24 2017고정177
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 November 6, 2016, around 11:24, the Defendant discovered a vehicle owned by the victim D, which was parked on the road in front of Busan Metropolitan City, and caused inconvenience to the use of the entrance of the entrance of the lending in which he resides due to the said vehicle, and damaged the vehicle owned by the victim so that the repair cost would amount to 2,145,000 won by flaging the front left side of the damaged vehicle, the rear door and the joint-section painting of the said vehicle, etc. into a mere tool.

[The Defendant and his defense counsel asserted that the Defendant did not destroy the damaged vehicle, and only used the damaged vehicle as hand, or that the phone number was entered in the lower seat of the damaged vehicle (a statement in an investigative agency), and that it was merely examined whether the phone number was entered in the front seat of the damaged vehicle (a statement in this court). However, CCTV images include the date and time stated in the facts of the crime, the location of CCTV images in front of the left-hand side of the damaged vehicle, the rear door, and the bitle page of the damaged vehicle into an unfolded tool.

The defendant and defense counsel are without merit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to field and photographs of damaged vehicles, photographs of CCTV screen pictures, investigation reports (Attachment toCCTV Images) and investigation reports (Written Estimates);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not recognize his/her mistake, despite the existence of objective evidence, and the victim who filed the complaint himself/herself was able to take retaliation against him/her.

The victim was not compensated or neglected to compensate for the damage.

However, the victim was parked in a place other than the parking zone.

The ten-year defendant has been living without other criminal records and seems to be contingent crimes.

Other scale of damage, age, occupation, sex, family relationship, etc. of the defendant.

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