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(영문) 서울남부지방법원 2016.06.15 2016고단1870
재물손괴등
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 12, 2016, around 00:10 on April 12, 2016, on the ground that the Defendant’s mother does not open the door to the second floor in Gangseo-gu Seoul Metropolitan Government B Housing operation, but caused the window of the second floor of the above building by drinking it.

Accordingly, the defendant damaged the above window so that the amount of 59,400 won is equivalent to the repair cost, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

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

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. Summary of the facts charged

A. On April 12, 2016, at around 00:10, the Defendant arrested a flagrant offender to E, police officers assigned to the Seoul Gangseo Police Station C District Police Station, and police officers assigned to the Gangseo-gu Seoul Police Station C District Group, and the victim slope F, who is the police officer assigned to the police station, and the police officer G, who attempted to board the Defendant at the patrol vehicle, and the victim F, while there was a scam for whom the police officer, who was in charge of the police officer assigned to the police station, such as the support line, and the police officer G, attempted to board the Defendant at the patrol vehicle, the Defendant told the Defendant F.

Accordingly, the defendant openly insultingd the victim.

B. The Defendant was arrested as a flagrant offender on April 12, 2016 at around 02:40, and was arrested at the C District District of the Seoul Gangseo-gu Seoul Police Station located in H, Gangseo-gu, Seoul. As such, the Defendant was able to hear two male men in front of the said District, and he was snicker E with the victim E, a police officer affiliated with the said District police officer, who was the victim E, who was a police officer affiliated with the said District.

“The term “ was so large as to be”.

Accordingly, the defendant openly insultingd the victim.

2. The offense of insult under Article 311 of the Criminal Act is a crime that can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. The victims cancelled the defendant's complaint after the institution of the instant indictment. As such, the insult among the facts charged in the instant case pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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