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(영문) 대구지방법원 2019.05.28 2018고정1351
재물손괴등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 4, 2018, the Defendant: (a) under the influence of alcohol around 18:00, destroyed and damaged 40,00 won or less of the market price by entering a 'D restaurant operated by the injured party C (n, 55 years old) in Daegu Dong-gu, Daegu-gu (n, B) free will.

2. The Defendant obstructed the victim’s restaurant business by force, from around 18:45 minutes to around 45 minutes on the same day, by, under the influence of alcohol at the above temporary location, the Defendant: (a) took a bath to the customers who were in the said restaurant, namely, “the fluore frien” in the said restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (on the spot and attaching photographs of damaged articles);

1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of causing damage to property and the choice of fines) to commit a crime;

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

1. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

A defendant shall vindicate himself/herself for not accepting and shall not oppose himself/herself.

The defendant has the same criminal records and has not been agreed with the victim.

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