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(영문) 인천지방법원 2018.06.22 2017고정2870
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 was a person who lived in a multi-household owned by the victim B by about two years.

On April 3, 2017, from around 16:30 on the same day to around 16:40 on the same day, the Defendant destroyed and damaged the multi-use glass equivalent to KRW 40,00 won in the estimate of repair by an influence, without any justifiable reason, of multi-use multi-household houses located in Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Legal statement of the witness B;

1. The Defendant asserted that he was not guilty of the victim's family glass because he could not have taken off the victim's family glass, but that he was not guilty due to justifiable reasons. However, the Defendant changed his position from the third trial date to the third trial date, and argued that he did not have any difference in the fact that he could face the victim's family glass.

However, according to the above evidence, the defendant can sufficiently recognize the fact that the victim's multi-use glass was damaged.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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