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(영문) 서울남부지방법원 2020.12.23 2020고단3370

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 15, 2020, the Defendant: (a) around 11:20 on May 15, 2020, 200: (b) around 5, “D” singing lines operated by the victim C of the victim C in Gangseo-gu Seoul Metropolitan Government 2 leveled 2 to 2:3 occasions under the influence of alcohol.

놨다하는 방법으로 테이블의 상판과 다리가 떨어지게 하였다.

At this time, the Defendant: (a) laid on the table table 2, (b) ice ice ice ice ice ice ice ice, and (c) scam scam scam scam scams by falling on the floor; (b) laid down two radio microphones on the floor; and (c) prevented the Defendant from drinking on the scam.

Accordingly, the defendant damaged the property amounting to KRW 1,000,000 in the market price owned by the victim.

2. 모욕 피고인은 제1항 기재 일시, 장소에서 노래방 종업원 및 다른 손님이 있는 가운데 112신고(E)를 접수받고 출동한 경찰관인 피해자 F에게 "야이 씨발놈아, 감당할 수 있냐 개새끼야."라고 욕설하여 피해자가 수차례 제지하였음에도 계속해서 ”씨발, 씨발놈 내가 형들 부르면 니들 좆됐다.“라고 큰소리를 질러 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by the police in relation to C and F;

1. Application of the Acts and subordinate statutes on the complaint filed by the F;

1. Relevant Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of punishment for the crime, Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the penalty shall be added to imprisonment with prison labor which prescribes a heavier damage and damage to property, and the period of the above two crimes shall be added thereto);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One month to four years;

2. Scope of recommended sentences according to the sentencing criteria;

A. The first offense (definite determination of type) and defamation crimes (definite determination of type) are insultd in the general public [Type 1].