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(영문) 제주지방법원 2013.07.24 2013고단747

재물손괴등

Text

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

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

Reasons

Punishment of the crime

1. Damage to property;

A. On May 16, 2013, at around 02:15, the Defendant destroyed a 10 knife, such as a tabler, a sum of KRW 100,000, and a 10 knife, which is the victim’s possession, while drinking alcohol at a “Ecafeteria” operated by the victim D in Jeju City.

B. On June 11, 2013, around 19:55, the Defendant destroyed and damaged the sum of 15,000 won, which is the market value of the victim’s possession on the table, while drinking alcoholic beverages in the “H restaurant” operated by the victim G in Jeju City F. The Defendant destroyed 4,00 won, namely, the victim’s market value on the table.

2. 경범죄처벌법위반 피고인은 2013. 6. 11. 20:00경부터 같은 날 20:40경까지 제주시 I에 있는 제주동부경찰서 J지구대에서 술에 취한 채로 “야이 새끼들아! 너희들 때문에 잘 갔다 왔어, 커피 한잔 줘봐!” 라고 소리치고 경찰관들의 전화업무를 방해하는 등 시끄럽게 소란을 피웠다.

Accordingly, the Defendant, while under the influence of alcohol, dumped in the J District as a government office.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, D, and K;

1. Application of the Act and subordinate statutes to the scene, photographs of damage, site conditions, and photographs of damaged articles;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act for the selection of punishment for the crime (the point of destruction and damage of property), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation by government offices), the selection of fines for each crime (the fact that only the victim D and G have agreed with each other, and the fact that they are against their depth);

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;