(영문) 대전지방법원 천안지원 2016.10.13 2016고정445

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2016.10.13 2016고정445

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

On March 15, 2015, the Defendant: (a) around 22:00, at the “D Co., Ltd.” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) on the ground that the calculation of the price for the sale of goods, etc. is not met between the victim E (the age of 47) who works together with his/her employees; (c) on the ground that the goods displayed therein under the influence of alcohol are written as his/her hand, and thus, avoided disturbance; and (d) on the part of the victim, the Defendant was able to receive a claim from the victim; and (d) caused damage to the market value of the victim by tearing it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of E;

1. Statement of the report on internal investigation;

1. Application of statutes on images of on-site photographs;

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

1. The Defendant guilty of the main sentence of Article 186(1) of the Criminal Procedure Act, based on which he/she is guilty, denies the charge by asserting that the Defendant’s act cannot be recognized to have teared, while under the influence of alcohol, in order to avoid violence to the victim.

However, according to each of the following circumstances acknowledged by the evidence of the judgment, it is clearly confirmed that the breath of the victim was teared, and the victim stated that the defendant, while under the influence of alcohol, breathed the clothes of the victim, cut the breath, cut the equipment of the store, etc. (in the face of 12 of the investigation record), and that the witness F is consistent with the victim's statement by making the defendant's statement that the victim was bread by the breath of the victim's breath and the breath of the breath of the breath while under the influence of alcohol, and that the defendant was drinking (in the face of 9 of the investigation record).

참조조문

유사 판례

-의정부지방법원 2014.04.25 2013노2559

-서울남부지방법원 2015.11.05 2015고단4120

-대전지방법원 천안지원 2013.04.25 2012고정1080

-대전지방법원 2017.11.14 2017노682

-서울동부지방법원 2014.10.31 2014노989