beta
(영문) 창원지방법원 마산지원 2013.10.01 2013고정447

재물손괴등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Maternal bath;

가. 피고인은 2013. 3. 27. 03:30경 경남 창원시 마산합포구 B에 있는 C 운영의 ‘D’ 식당에서 술값 문제로 소란을 피우다가 C의 신고를 받고 출동한 피해자인 마산중부경찰서 E파출소 경사 F가 술값을 계산하고 귀가하라고 한다는 이유로 화가 나 위 C 등이 듣고 있는 가운데 피해자에게 “이 개새끼들 뭐꼬, 뭐하는 놈들이고, 돈 없다 이 개새끼들아, 그냥 가라 개 씹같은 새끼야, 씹할놈아”라고 큰소리로 욕설을 하는 등 공연히 피해자를 모욕하였다.

B. At around 04:30 on March 27, 2013, the Defendant was arrested as a flagrant offender of the crime of causing property damage in front of the aforementioned “D” restaurant, and was seated at the Masan East Police Station Estation, etc., the Defendant insultingd the victim F by openly citing the victim F by “I will have to be detained due to causing property damage, but I will see that I will see it, I will see that I will see it, I will see, and that I will see it.”

2. On March 27, 2013, at around 03:55, the Defendant: (a) went back to the restaurant as referred to in the above “D” paragraph (A). In other words, the Defendant returned to the restaurant; (b) returned to the restaurant; (c) returned to the restaurant; (d) the Defendant did not perform drinking on credit to the victim C; and (d) left the empty bottle on the floor; (c) broken off the empty bottle; and (d) cut off the empty gate in the nearby construction site; and (d) cut off the above gate and the glass (60 cm; 100 cm; hereinafter referred to as the “D”), thereby damaging the property owned by the victim in an amount equivalent to KRW 1.90,00 at the market price.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports (Attachment of photographs of damage);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 311 and 366 of the Criminal Act concerning the selection of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;