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(영문) 서울중앙지방법원 2018.09.20 2018고단4863
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 18, 2018, from around 16:50 to around 17:10, the Defendant made a public performance obscenity openly obscene act by exposing approximately 300 meters of clothes from the Gwanak-gu in Seoul Special Metropolitan City to the front crosswalk of the same Gu’s apartment complex from around 17:10 to 300 meters.

2. The Defendant: (a) at the “F convenience store for the operation of the Victim E in Gwanak-gu, Seoul Special Metropolitan City on July 18, 2018; (b) at the fF store for the operation of the Victim E in Gwanak-gu, Seoul Special Metropolitan City on July 17, 2018; and (c) at the cooling house where the victim’s surveillance was neglected, the Defendant taken the amount equivalent to KRW 1,60

In other words, they stolen them.

3. On July 18, 2018, around 17:05, the Defendant damaged a special property by gathering cement brick (breadth 8.5cm, vertical length 9cm, height 5.5cm) on a cement brick, a dangerous object on the road, in front of the Gu Rock 93, Gwanak-gu, Seoul Special Metropolitan City around July 18, 2018, which was located in the victim G-owned vehicle, and then damaged the part of the said vehicle in front of the chief steering.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and G;

1. Photographs of damaged vehicles;

1. The photograph of a deadly weapon possessed by the person under consideration;

1. Application of Acts and subordinate statutes to a report on investigation (verification of Damage Details);

1. Relevant Article 245 of the Criminal Act, Article 329 of the Criminal Act, Article 369 (1), Article 366 of the Criminal Act, and the selection of fines for 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334(1) of the Criminal Procedure Act provides that “The Defendant exempted from an employment restriction order of a provisional payment order shall take into comprehensive account the Defendant’s age, occupation, family environment, social relationship, criminal background, risk of recidivism, profits and effects expected by an employment restriction order, disadvantage and side effects resulting therefrom, etc.” Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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