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(영문) 서울북부지방법원 2017.01.13 2016고단5035

재물손괴등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around 03:06 September 29, 2016, at around 03:06, was drunk in front of the C cafeteria located in Seoul Special Metropolitan City, Nowon-gu, for the victim D (28 years of age) and the victim E (27 years of age) without any justifiable reason, was able to take part in D’s chest due to tea and drinking; (b) was knee-free kne-free bucks; and (c) was set up adjacent to D’s bucks.

F 오토바이를 넘어뜨려 E의 발등에 찧게 하였다.

Accordingly, the defendant assaulted victims.

2. The Defendant damaged property at the time, time, and place of Paragraph 1, and at the above time, the Defendant destroyed the divers, etc. so that approximately KRW 200,000 of the repair cost may come out by divers, etc. of the victim E.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs which are damaged by dives of the victim);

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) and the selection of fines for each crime;

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;