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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On December 3, 2017, at around 15:24, the Defendant: (a) posted a “free parking ticket for an external vehicle” on the front door of the FMW car owned by the victim E (42 years old; (b) on the front door of the FMW car owned by the victim E (T) within the “D dedicated parking lot for an exclusive restaurant in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; and (c) damaged theme by damaging the front door of the FMW car into the net indirect parking system, thereby impairing its utility.
Summary of Evidence
1. Legal statement of witness E;
1. On-site photographs, damaged photographs [the crime of damaging property under Article 366 of the Criminal Act is established when it damages or conceals another person's property or impairs its utility by any other means. Here, the term "conscising the utility of property" refers to making the property difficult to be provided for its original purpose of use due to appraisal, and includes temporarily making the property unusable (see Supreme Court Decision 2007Do2590, Jun. 28, 2007). In light of the course and motive leading up to this case (where a parking-prohibited tag is posted, the victim immediately removed and throw off the parking, and then put it again) the defendant used a net indirect system for the purpose that makes it difficult for the damaged person to remove the boiler.
In fact, the victim could not be removed to the extent that he could have flicked with his hand or knife, and even according to the defendant's argument, it is necessary to be used exclusively to remove the Stick.
Therefore, there was a situation in which the Stick can be easily removed.
It is difficult to see it.
In addition, one location is a location where a significant part of the front view is visible at the time of driving.
If it is impossible to drive a motor vehicle without attaching it, it is impossible to temporarily use it as the front glass if it is flicker and glass with the extent that it is impossible to remove it without using a separate tool.