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(영문) 서울중앙지방법원 2017.12.07 2017고정3509

재물손괴등

Text

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

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

Reasons

Punishment of the crime

1. On September 19, 2017, the Defendant damaged property: (a) around 23:05, at the EMoel 202 guest room operated by the victim D (V, 51 years of age) located in Gangnam-gu Seoul Metropolitan Government, the Defendant demanded that the Defendant pay KRW 20,000 of the additional guest room fee or demand that the Defendant immediately pay for the accommodation by opening a door in an emergency key because the said victim did not open the contact with the personal phone and the door of the guest room even after the lapse of the above time of using the guest room.

Therefore, the defendant, who was on the floor of the bed and laid down the telephone machine on the floor and did not work as a normal telephone, thereby impairing the utility of the property.

Accordingly, the defendant damaged another person's property.

2. On September 19, 2017, around 23:10, the Defendant interfered with his/her duties: (a) at the 1st century, the victim demanded the Defendant’s daily behaviors to change the guest room with the time of his/her own room; (b) and (c) the above victim “if he/she performs funeral services in the Haaknam-nam of the Haak-si, he/she would be up to the taxable calculation of tax base: (a) he/she will be up to the taxable

“In this regard, customers who want to take care of a disturbance of about 30 minutes with a large amount of desire, had them out of the room, thereby obstructing the victim’s management work by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of arrest of a flagrant offender;

1. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the selection of fines for a crime;

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

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

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