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(영문) 서울동부지방법원 2017.12.01 2017고단2365

재물손괴등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. The Defendant who damages property: (a) around 00:45 on June 4, 2017, at the “D’ operated by the Victim C in Songpa-gu Seoul Metropolitan Government B’s second floor; and (b) drink and drink together at the main point of “D” operated by the Victim C; and

After the horse dispute, the plaintiff's property was damaged by 150,000 won in the market price of the victim's possession by separating the table and the bridge in front of the defendant's seal, and 4,000 won in total when the market price of the victim's ownership on the above table was 80,000 won.

2. Around 00:55 on June 4, 2017, when a police officer called to the site with 112 report at the place as indicated in the above 1.12 report, the Defendant: (a) identified the details of and whether there was damage to the report, etc., the Defendant assaulted the victim C (33 ) by stating that “the victim must see this weather string, be asked, and be asked.” (b) the victim’s face is tightly sealed, tightly sealed the victim’s head by both hand, shaking, and kid the victim’s face one time by drinking the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness C’s statutory statement law

1. Relevant legal provisions for criminal facts, Articles 366 and 260(1) of the Criminal Act for the selection of punishment, and the choice of fines (the punishment is not imposed twice as a fine for a crime with violent inclinations, and the degree of damage to property owned by the victim and the form of assault are not exceptionally applied, but the defendant is led to confession and rebuttal, and agreements with the victim, etc. shall be taken into account);

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

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

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

1. Article 186 (1) of the Criminal Procedure Act ( travel expenses and daily allowances for witnesses);