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(영문) 대구지방법원 2015.01.16 2014고단5262

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. On September 22, 2014, the Defendant violated the Punishment of Violence, etc. Act (collectives, deadly weapons, etc. damage, etc.) in the “C” restaurant parking lot located in Daegu-gu Seoul-gu, Daegu-gu, and on September 22, 2014, on the ground that, while the Defendant was trying to go as a substitute driver, EST5 car owned by the victim D prevents the Defendant from driving his/her car and find out the contact information of the victim while there was no contact information, he/she fell within the front line of the Defendant’s car.

Accordingly, the Defendant, carrying dangerous articles as above, destroyed the property owned by the victim so that the repair cost is equivalent to KRW 745,199.

2. 경범죄처벌법위반 피고인은 위 제1항과 같은 일시경 대구 남구 F에 있는 G파출소에서, 위 제1항의 재물손괴 혐의로 현행범인으로 체포되자 “내가 뭘 잘 못했는데, 와 수갑을 채우노 씹할새끼들아, 수갑을 풀어라 좆 같은 것들아, 안 풀면 침 뱉어 버린다, 빨리 풀어라, 이 씹할 것들이 돌았나”라고 욕설을 하고, 그곳 경찰관들이 계속 욕을 하면 관공서 주취소란 혐의로 처벌받을 수 있다고 경고를 하자, “니 좆대로 해라, 씹할 것들아, 너거들 내가 퇴근하고 함 보자, 무슨 말인지 알제, 다 보내 버린다”라고 욕설을 하면서 약 30분 동안 행패를 부렸다.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles, photographs of criminal tools, criminal complaints, and criminal investigation reports (Submission of a victim's agreement, etc.);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for the revocation of the head of a government office; the selection of fines);

1. Article 37 of the Criminal Code among concurrent crimes.