(영문) 부산지방법원 2016.05.12 2016고정746



Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.


Punishment of the crime

1. On October 27, 2015, the Defendant who damaged property drank three alcohols at a C cafeteria located in Busan Northern-gu, Busan, about 16:30 on October 27, 2015.

In addition, an employee who has paid the drinking value but has not calculated it is not aware of such fact, but has not calculated the beer value.

On the ground of the fact that the victim D (65, n.e., 65) who was placed on the front of the kitchen, destroyed 10,000 won or more of the market value of 200,000 won or more, by fasting with 10,000 won or more of the market value, and damages 215,000 won or more of the cafeteria equipment, such as water reservoir and water tank, which the market value of 5,000 won or more of the market value of the above.

2. On October 27, 2015, the Defendant: (a) reported on the same ground as the preceding paragraph at around 16:50 on October 27, 2015, and (b) reported the victim E (44 years and remaining) who is a public official of the police, and (c) publicly insulting the said victim with the view of “the victim, name-oriented employee, and name-oriented customer, etc. in the damaged restaurant,” such as “the victim, name-oriented employee, and multiple persons, such as the undisclosed customer.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Relevant legal provisions concerning facts constituting an offense, Articles 366 and 311 of the Criminal Act that choose a penalty, and the choice of a fine, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;