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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On April 10, 2016, at around 17:30, the Defendant obstructed the victim’s restaurant business by force for about 2:30 minutes and 30 minutes by driving the disturbance, such as raising trial expenses to other customers without any justifiable reason at the “E” restaurant operated by the victim D in Jongno-gu Seoul Metropolitan Government, and holding them on the restaurant floor of the restaurant with a large amount of money.
2. 모욕 피고인은 같은 날 20:00 경 위 식당에서 112 신고를 받고 출동한 서울 혜화 경찰서 F 파출소 소속 경찰 관인 피해자 G(52 세 )에게 “ 씨 팔, 짭새 개새끼들아, 돈 받아 처먹었냐,
He/she shall waive his/her clothes.
“Publicly insulting the victim by referring to the hummatic theory.”
3. The Defendant damaged public goods at around 20:10 on the same day, who was arrested in the act of committing an act in the line of duty at the above restaurant and was on the back seat of the police vehicle (H), thereby damaging the above police vehicle, which is a building for public goods, in order to walk the ceiling of the police vehicle and the indoor blocking gate, so that the sum of the repair cost would be equivalent to KRW 715,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Written statements of D;
1. A complaint;
1. Written estimate;
1. Application of the Acts and subordinate statutes on photographs and mobile phone image data;
1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the selection of fines for each 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. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order
1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness due to the toxic brain cerebrovascular, etc.
2. According to the evidence duly adopted and examined by this court, it appears that at the time the defendant suffered from mental illness, such as the cardio-cerebrovascular disease, but the degree of such suffering is the ability to discern things or determine the intention.