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(영문) 부산지방법원 2017.12.06 2017고정773
폭행등
Text

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

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

Reasons

Punishment of the crime

The defendant is a resident of the Busan Northern-gu apartment, and the victim is a management complaint of the same apartment.

On June 17, 2016, the Defendant held a public hearing at the residents' conference room located in the second floor of the Busan Northern-gu Seoul Northern-dong management Dong on June 17, 2016, where the victim had been kicked with his/her hand.

C The “Korea-U.S. subsidy” in the name of the representative meeting of apartment occupants is the money of our occupants.

“The documents, such as the documents, in writing, were cut to 3 parts of the private document, and they were teared.

As a result, the Defendant has the honor of our occupants to pay the Han River Subsidies in the name of C apartment occupants' representative meeting.

Three private documents, including “,” were destroyed and damaged.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A prosecutorial investigation report (verification of such video CDs);

1. The defendant and the defense counsel asserts that the document was teared in the course of making the victim's presentation of the documents as stated in the judgment at the time, and that there was no intention to damage property, since the document was teared in the process of making the victim's presentation of the documents as stated in the judgment at the time.

The term "damage to property" means destroying or reducing the original utility by directly exercising the power of force on all or part of goods or documents by destroying or reducing the original utility of the goods or documents, and the recognition of the criminal intent of the damage to property does not necessarily necessarily require planned intent of damage or actively wish to damage the goods, but there is sufficient awareness that it would lose the utility of the goods against the owner's will.

In light of the above legal principles, the defendant's intentional act of destroying documents can be fully acknowledged in light of the evidence of the court below. The defendant's act of destroying documents can be fully acknowledged in light of the above legal principles.

Therefore, it is true.

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