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(영문) 대구지방법원 2020.10.22 2020고정642
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is in without fault between the victim B (ma, 66 years old) and the neighbor.

Defendant on January 17, 2020, Daegu Dong-gu around 13:48

C. On the front side of the road, while the victim took a trial for the problem of parking with the victim, the victim laid her part by extending the part into a cell phone on the ground that the victim took a cell phone, and caused the cell phone to fall into the floor.

Accordingly, the defendant damaged the property equivalent to 78,000 won of the repairing cost by shouldering the liquidness of the mobile phone.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of written estimate of testimony to witness B;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the argument on the argument of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act is not harming the victim’s arms, but harming the victim’s own discretion.

2. According to the evidence of the judgment, the victim consistently stated that the defendant has consistently damaged the victim's handphone by cutting his hand, and the defendant also has extended to the victim's handphone to the victim's handphone in order to prevent the victim from affixing his photograph with a handphone, and subsequently, the victim's handphone was damaged by the victim's act. In light of the above facts, it can be sufficiently recognized that the defendant's handphone was damaged by the defendant's act, and the defendant could have known that the handphone of the victim could be damaged by the defendant's act.

Defendant

The above assertion by the defense counsel is not accepted.

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