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(영문) 수원지방법원 2016.02.18 2015고정2109
재물손괴
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

On May 12, 2015, the Defendant: (a) around 10:03, the Defendant: (b) unloaded the string part of the e white flad vehicle owned by the victim D one time in a mountain string string, etc., and damaged the repair cost to KRW 400,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigative Report (Scambling video analysis), Blus image scambling images;

1. Blue boxes and video CDs;

1. Photographs and photographs damaged by the vehicle;

1. The Defendant asserts that a written estimate [the Defendant cited and shotic shots in the state of go beyond, and there is no fact that there is no string part of the victim’s vehicle, such as the facts charged.

In full view of the evidence presented in the judgment, the following facts can be fully acknowledged: the defendant's crime against the defendant is sufficiently recognized, in particular, in view of the fact that it is difficult to find out other causes for the damage of the vehicle of this case as there is no particular construction site in the vicinity of the accident site, and there is no other construction site, such as a person or vehicle, etc. around the accident site, and it is difficult to find out other causes for the damage of the vehicle of this case, since the defendant's above assertion is rejected because the defendant's aforementioned assertion is not accepted).

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant denies the crime, but the defendant has no record of criminal punishment for the last 15 years, and the victim expressed his/her intention that he/she does not want the punishment against the defendant while appearing in court as a witness.

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