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(영문) 서울남부지방법원 2017.09.08 2017고단2541

재물손괴등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. The Defendant damaged property at around 02:00 on April 25, 2017, at the main point of “D” in the operation of the Victim C in Gangseo-gu Seoul Metropolitan Government, the Defendant: (a) placed plastic chairs owned by the victim on the floor and damaged the market value by gathering them on the floor without any reason, without the influence of alcohol.

B. Around April 25, 2017, the Defendant, at the same place as the foregoing paragraph (a) around 02:20 on April 25, 2017, and the victim E, a police officer affiliated with the Seoul Police Station, sent out after having received 112 reports, were heard, and a large number of customers were heard, and the victim’s “Ye Mari Mari Mari Mari Mari Mari Mari, Mari Mari Mari Mari,” made a public insult of the victim.

(c)

경범죄 처벌법위반 피고인은 2017. 4. 25. 02:30 경부터 같은 날 03:00 경까지 서울 강서구 F에 있는 ‘G 지구대’ 내에서, 재물 손괴와 모욕죄의 현행 범인으로 체포되어 대기하던 중 근무 중인 경찰관들에게 “ 야 내가 뭘 잘못했는데 씨 발 놈들 아, 이러니까 경찰이 욕을 먹는 거야 씨 발 놈들 아 ”라고 큰소리로 욕설을 하는 등 관공서에서 몹시 거친 말과 행동으로 주정하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to a investigation report (related to the submission of moving pictures taken by a consul of CCTV at the scene of occurrence and a field police officer);

1. Relevant provisions of the Criminal Act, 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 disturbance in official document) concerning the 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;