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(영문) 서울중앙지방법원 2018.11.08 2018고정1538

재물손괴

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 26, 2017, around 01:07, the Defendant, at the front of the “C” located in Jongno-gu Seoul Metropolitan Government Jongno-gu, caused women’s friendship and dispute, thereby resulting in a difference in support by advertising X-ray (advertisement) installed in front of the said hotel.

Accordingly, the defendant, who is the above hotel manager, damaged X-beer, which is the property of 52,250 won in the market price managed by the victim D(43 ).

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A letter of arrest of a flagrant offender;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was physically and mentally weak at the time of the instant crime. However, in full view of all the circumstances such as the motive and circumstances leading up to the crime committed by the aforementioned evidence, and the circumstances before and after the instant crime, even though it is recognized that the Defendant was drinking at the time of the instant crime, it cannot be deemed that the Defendant had the ability to discern things or make decisions, and thus, the above assertion is without merit.