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(영문) 대구지방법원 상주지원 2012.09.04 2012고정72

재물손괴등

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. 모욕 피고인은 2011. 12. 24. 22:40경 상주시 B 한방사우나 찜질방 스낵코너에서 종업원인 피해자 C와 대금 문제로 시비가 되어 말다툼하다가 다수의 손님들이 듣는 가운데 피해자에게 “야 공소장 기재 “애”는 오기임이 명백하므로 공소장 변경 없이 바로 잡는다. 너 나와, 내가 누군지 알아, 시장한테 전화해서 이 사우나 문을 닫게 하겠다, 너 조선족이지, 좆같은 년”이라고 말하고, 피고인 D는 “개 씹 같은 년”이라고 큰소리로 말하였다.

Accordingly, the defendant insultd the victim jointly with D.

2. The Defendant causing property damage is not aware of the total market price of about 15,200 won or repair cost, as the Defendant, in the above time, at the above place, and at the above time and place, caused a dispute by the victim C, who was on a table, with four knife, managed by the victim C, who was on the table.

was damaged.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing the dispute photographs;

1. Relevant legal provisions concerning criminal facts, Articles 311 and 30 of the Criminal Act, Article 366 of the Criminal Act, the selection of fines [absing an article temporarily cannot be used for its original specific purpose even if it comes to a situation where the article cannot be used for its original specific purpose] constitute “an act detrimental to the utility of the article” as referred to in the crime of causing property damage (see, e.g., Supreme Court Decision 93Do2701, Dec. 7, 1993). In a case where the article is simply damaged to the extent that it can be accepted, and thus, it does not affect the establishment of the above crime. Thus, the act of breaking a dispute, such as the statement of criminal facts, constitutes the crime of causing property damage]

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the maximum amount shall be aggregated);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;