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(영문) 대전지방법원 2018.10.26 2018고정822

재물손괴등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On April 30, 2018, the Defendant damaged the market value by putting the C vehicle owned by the Victim B, which was parked in front of the Daejeon Seo-gu, Seo-gu, Daejeon on April 30, 2018, on a 48-ro, Seo-gu, Seo-gu, Daejeon, and on two hand, getting off the vehicle on the net of the instant vehicle owned by the Victim B.

2. On April 30, 2018, the Defendant made a public insult to the victim D (26 years old), a police official called the victim B (24 years old), who was called the victim B (24 years old) and the surrounding areas, in the street of the Daejeon-gu Daejeon, Seo-gu, Daejeon, about 48:0 on April 30, 2018, who called the victim D (26 years old), who was the police officer called the victim B (24 years old) and the general public.

3. On April 30, 2018, the Defendant in violation of the Punishment of Minor Offenses Act was arrested and taken in custody of a flagrant offender in the Seo-gu Daejeon District Office, Seo-gu, Daejeon on April 30, 2018, and was under influence of alcohol in approximately one hour in the state of alcohol, and continuously sounded with a bath and high character for about one hour in the state of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written complaints filed in D;

1. Letters of arrest of flagrant offenders, photographs of damage, and estimates;

1. Application of Acts and subordinate statutes to a investigative report (verification of Disturbant video CDs within the terrestrial belt);

1. Relevant Article 366 of the Criminal Act, Article 311 of the Criminal Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of cancellation of an official document) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, has damaged another person’s vehicle for reasons different from those of another, and has expressed a desire to the police officer dispatched to the police officer, and even after the arrest, he/she continues to take a bath or die against the police officer.

An act of disturbance, such as threatening, has been committed, and the nature of the crime is inferior and there is a high possibility of social criticism.

There are several times such as violent crimes, drinking driving, damage to public goods, etc.