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(영문) 대구지방법원 포항지원 2014.08.13 2013고정684
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 13:20 on October 13, 2013, the Defendant: (a) took care of the Defendant’s children in the territorial pond near the Southern-dong, Nam-gu, Chungcheongnam-gu; and (b) took care of the fact that there is a parking cost between C and C’s male-gu D and his father’s parents and wife in the parking lot; and (c) took care of the victim F’s car (G) opened by C to the parking lot, the Defendant damaged it to the extent that the repair cost cannot be known on the front door of the driver’s seat of the said car.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Application of two Acts and subordinate statutes to three copies of photographs of damaged vehicles, and two copies of photographs of the suspect on the door of the driver's seat of the damaged vehicle;

1. Relevant Article 366 of the Criminal Act and Selection of Penalty concerning the Crime. Article 366 (Selection of Fine)

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

1. The defendant and his defense counsel asserts that the above facts constituting the crime cannot be acknowledged since there are only facts that the defendant close the door of the victim's vehicle in his/her hand, and there is no supporting fact on the part of the victim's vehicle.

In full view of the evidence submitted in this court and duly admitted, the defendant's assertion of the defendant and his defense counsel is not accepted since the defendant was found to have damaged the driver's seat of the victim's vehicle.

All of the reasons for sentencing include the fact that the defendant is the primary offender, the fact that the defendant commits any contingent crime in time due to parking problems, and the fact that the degree of damage is weak.

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