A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On June 25, 2017, at around 22:00, the Defendant tried to drive a vehicle parked at the entrance of the C point parking lot located in Nam-gu Incheon Metropolitan City, Nam-gu, and damaged the blocking devices managed by the victim D by force, which did not operate the entrance blocking devices.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. CCTV video-recording CDs;

1. The defendant and his defense counsel asserted that the investigation report (CCTV video recording confirmation) was not destroyed by the defendant's act, and even if it was destroyed by the defendant's act, it was caused by negligence.

However, according to CCTV images or internal photographs, etc. which are contained in the situation at the time, it is reasonable to deem that the defendant was fully aware of the fact that the blocking device was damaged in the course of the improper entry of the blocking device, and that the defendant had the intention to do so.

Therefore, the defendant and defense counsel's argument is without merit.

Application of Statutes

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act does not take place on the ground of the sentencing of the provisional payment order, the sentencing conditions indicated in the record, including the details and method of the Defendant’s destruction of the blocking machine, the fact that the Defendant has no record of punishment for the same kind of crime, and the Defendant’s age, occupation, character and conduct, family relationship, living environment and circumstances after the crime, shall be determined as ordered by considering