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(영문) 서울중앙지방법원 2015.01.09 2014고단5930

재물손괴등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 31, 2014, at around 22:39, the Defendant damaged the property damage by cutting off the above mobile phone cited by D with a view to preventing the victim D, who is the wife of the above C, from filing a defective report about 112 on his/her cell phone, on the ground that the above C, who is the principal owner of the retail store in front of the retail store operated by Jongno-gu Seoul Jongno-gu Branch, talks with himself/herself outside of the store, on the ground that he/she talks with himself/herself.

2. The Defendant: (a) sent to the scene after receiving a report of 112 at the date and time, at the place specified in the above Paragraph (1) above; and (b) sent the scene to F (58) of the Seoul Hyeung Police Station E box affiliated with the Seoul Hyeung Police Station E box asking the reporter C and D about the circumstances of the instant case; (c) in line with the foregoing, the Defendant publicly insultingd F (58 years of age) by saying, “I am flasium and tobacco flasium; and (d) continuously arrested the Defendant as a flagrant offender, such as the crime of causing property damage on the same day, etc.; and (e) arrested the Defendant as a flagrant offender in the E box during the hearing of the said C et al., thereby going against the said F.m., “I am flasium. I will am off if you leave the box.” Dr will die, and thus, she publicly insulting a police official who is a police official.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. A written statement;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 40, 41, 71 pages);

1. Relevant Article 366 of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts, the choice of punishment (the point of causing property damage and the selection of fines)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.