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(영문) 창원지방법원 진주지원 2016.10.19 2016고단637
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 9, 2016, the Defendant: (a) around 04:25, 2016, at the front parking lot of “C hotel” located in Sacheon-si B, the Defendant: (b) removed the front number plate of the Drocketing car owned by the Defendant, while under the influence of alcohol, in his/her possession; (c) removed the above number plate in his/her hand; and (d) damaged the market price of KRW 4,000 by making the above number plate up for repair; (d) removed the front number plate of the car owned by the Defendant CIF Capital Co., Ltd.; and (e) destroyed the repair cost of KRW 15,000 at the market price by making the above number plate up and displaying it.

2. On June 9, 2016, around 05:05, the Defendant violated the Punishment of Minor Offenses Act: (a) obstructed a disturbance by having the police officers working there for about 20 minutes while under the influence of alcohol, who are dissatisfied with the investigation conducted on the grounds, such as Paragraph (1) at the G District of the Gyeongcheon-si Police Station G District in the Gyeongcheon-si, Gyeongcheon-si.

Accordingly, the defendant, while under the influence of alcohol, led to a very rough speech and behavior in a public office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Written statements of J, K and L;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Punishment of Minor Offenses Act, Article 3 (3) 1 of the Punishment of Minor Offenses Act, and the selection of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, destroyed a number plate of another person's vehicle under the influence of alcohol without any particular reason, and committed an act of disturbance in the earth. The nature of the crime is not good.

However, the fact that the defendant reflects his criminal act late, that the value of the property damaged by the defendant is not significant, and that the criminal power of the defendant is identical to that of the defendant.

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