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(영문) 부산지방법원 2017.01.25 2016고정3233
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On May 13, 2016, the Defendant: (a) around 22:40 on the road located in Busan Eastdong-gu, Busan; and (b) on the road in front of the “D” located in D; (c) without any justifiable reason, the Defendant destroyed the said vehicle to have the repair cost of KRW 275,000 by generating the said vehicle, which is owned by the victim E, without any reason under the influence of alcohol.

2. On May 13, 2016, at the police station of the same police station located in Busan Dongdong-gu, Busan on May 13, 2016, the Defendant: (a) arrested as a current offender for the same reason as the foregoing paragraph 1; and (b) made a public insult of the victim by stating to the police officer I as follows: “Choners must be treated as brupted, brued, unbed, undeveloped, and bated, hacker.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I and J;

1. Statement made by the police for E;

1. A complaint filed by I;

1. Written estimate;

1. Spare photographs on the part of the vehicle damaged;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the selection of each fine 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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