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(영문) 인천지방법원 2013.11.29 2013고정3070
재물손괴등
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 16:00 on May 16, 2013, the Defendant displayed the truth on the ground of the occurrence of the E-vehicle defect at the office of the receipt of the 1st floor service in the Nam-gu Incheon Metropolitan City, the Defendant committed assault against the victim F (the age of 36) who prevents another customer from selling two vehicles located in the office, and committed assault against the victim F (the age of 36).

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness F, and some of the witness G legal statement;

1. Application of the Acts and subordinate statutes to photograph photographs to which the victim prevents;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and his defense counsel's assertion that the crime stated in the crime constitutes a justifiable act under Article 20 of the Criminal Act as a passive resistance act. However, in light of all the circumstances such as the method and method of the crime in this case and the specific circumstances at the time, the defendant's act cannot be deemed as a passive resistance act which does not violate the social rules.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Parts of innocence

1. Summary of the facts charged

A. On May 16, 2013, at around 16:00, the Defendant: (a) sought to receive the first floor service of D stores in Nam-gu Incheon Metropolitan City, Seoul; and (b) demanded a responsible person due to the occurrence of the E vehicle defect; (c) destroyed the victim H representative I’s market price in the office that was kept in the office for the reason that he did not promptly wait for the responsible person; and (d) destroyed it by having the victim H representative I’s market price in excess of KRW 150,000,000 on the floor; and

B. The Defendant above A.

The victim who has shown the truth continuously at the time and place specified in the paragraph and has two motor vehicles of other customers kept in the office.

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