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(영문) 의정부지방법원 고양지원 2013.09.05 2013고정1045

재물손괴미수등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Around 15:20 on July 26, 2012, the Defendant attempted to damage property: (a) added alcohol to the victim D (40 years of age) who is the head of the restaurant within the Yongsan-gu Seoul Metropolitan City “C” restaurant located in Seoyang-gu B; (b) took a cafeteria, which was placed on a restaurant table, and collected a cafeteria and a chair; and (c) the Defendant was able to collect news table on the street in order to realize the convenience of the restaurant in which the Defendant sent out of the restaurant. However, the Defendant was able to take a cafeteria, without shouldering the above glass, and attempted to do so.

2. The Defendant assaulted the victim, on the ground that the said victim prevented the Defendant from doing the above act at a time and place as set forth in Paragraph 1, by putting and spathing spaths of the victim, and spawn the spath, and spathing the victim’s spath.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act, Articles 371 and 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and selection of fines for negligence;

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

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 of the provisional payment order;