(영문) 서울중앙지방법원 2019.02.14 2018고정2594

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(영문) 서울중앙지방법원 2019.02.14 2018고정2594

재물손괴

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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the trees of the defendant.

On September 21, 2018, around 19:20 on September 21, 2018, the Defendant: (a) stated the name “dial-a-a-a-dial bank” on the outside glass of the entrance of “E Real Estate” in the Dongjak-gu Seoul Metropolitan Government “E Real Estate Co., Ltd.”; and (b) damaged the property in such a way as to cover approximately two meters of the frames on the outer wall of the office.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. Statement of D police statement;

1. On-site photographic materials (the defendant asserts that the defendant's act is not a crime because he committed an act in the indictment with the consent of "the victim". However, according to D's legal and police statements, the defendant's act is found to be not a crime. However, according to D's legal and police statements, the defendant's act is found to be under influence of alcohol in the office of the victim, and the defendant's act is not in a fluorial relationship with his wife," and he only avoided the victim's place, and there is no other evidence to acknowledge it, and even if the victim stated "a bamer" with the Scar press, there is no other evidence to acknowledge it, and even if the victim made a statement by "a bamer", it is deemed that the defendant expressed that he would be punished for responding to the police, such as leaving the police, and it cannot be interpreted as accepting the above defendant's claim because it can not be interpreted as accepting the above act or making a final expression of intent to use it.)

1. Article 366 of the Criminal Act applicable to the crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A favorable circumstance in which it is difficult to find out the light that the defendant has been indemnified for damage, has not been taken out from the victim, or has denied the crime without any grounds: the victim does not want the punishment against the defendant; and the victim commits a crime for not less than 30 years.

참조조문

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