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(영문) 서울중앙지방법원 2016.12.22 2015고단6918 (2)

재물손괴등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 6, 2015, at around 22:20, the Defendant damaged the property managed by the victims so that the victims can wear a table of the table of the victim D (at least 39 years old) and the table table managed by the victim E (at least 32 years old), which entered a restaurant located in Seocho-gu Seoul Metropolitan Government, and installed at the entrance of the store without any justifiable reason.

2. 재물손괴, 업무방해 피고인은 1항 기재 일시, 장소에서 피해자 E이 테이블을 넘어뜨린 것을 따지자, 불친절하다는 이유로 시비를 하며 “야 이 씨발년아 뭐라고 했어 콜라 내놔 썅년들아”라고 욕설을 하며 카운터 테이블 위에 올려져 있는 빨대통과 바구니통을 바닥에 던져 깨지게 하여 61,200원 상당의 수리비가 들도록 피해자가 관리하는 재물을 손괴하고, 약 15분간 욕설을 하며 소란을 피워 그곳에서 주문을 기다리던 불상의 손님들을 나가게 하는 등 위력으로 피해자들의 매장영업 업무를 방해하였다.

3. The Defendant, at the same time and place as in paragraph 1, assaulted the Victim with a lush hand twice, as the Victim E, who restrains the fluence as above, towards the face of the Victim E.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police suspect interrogation protocol against the accused and F;

1. Each police statement made to D and E;

1. Each statement prepared by D or E;

1. On-site photographs;

1. Examining various circumstances revealed in the record, such as the background leading up to the instant crime, method of crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, etc., it does not seem that the Defendant was in the state of having no or weak ability to discern things or make decisions, even though it was acknowledged that the Defendant had drinking at the time of the instant crime.

Application of Statutes

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and

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