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(영문) 서울중앙지방법원 2015.02.09 2013고정2748
상해등
Text

Defendant shall be punished by a fine of KRW 300,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:00 on January 24, 2012, the Defendant, at “E” operated by the victim D located in Seocho-gu Seoul Metropolitan Government, ran tavern, dumped the glass cuped on the table table under the influence of alcohol, and dumpeded on the singing machine in the studio where she had drinking. The Defendant viewed dump to their respective utility.

Accordingly, the defendant damaged the victim's glass cups and singing machines.

The facts charged in the indictment of this case are as follows: “The Defendant: (a) around 01:00 on January 24, 2012, at the “E” ran tavern located in Seocho-gu Seoul Metropolitan Government, Defendant d, under the influence of alcohol, dumped the string machines and softens in the studio room in which he drinks, and destroyed the glass cups and the victim D-owned cups on the floor without any reason.”

In the public trial process, the aforementioned facts charged revealed to the effect that certain of the facts charged are true and certain of the elements of the crime are clearly stated. The prosecutor summarized the elements of the crime as follows: “The part of the crime committed by the victim’s glass cup and the singing machine, thereby impairing its utility by viewing it as the singing machine’s sing

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, G, and H in part;

1. Application of statutes on studio photographs;

1. Relevant Articles of the Criminal Act and Articles 366 of the Criminal Act concerning the crimes;

1. From among concurrent offenders, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravating concurrent offenders with fines determined by the crime of destroying and damaging property by damaging singing machines heavier than the latter);

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

1. Determination on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts to the purport that the defendant merely sent studio to the studio floor at the time and place specified in the facts charged and did not studio the singing machine and did not studio the glass cup.

2. The instant evidence exists.

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