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(영문) 춘천지방법원 2018.01.17 2017고단1174
공용물건손상등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who engages in his own business.

1. On September 17, 2017, at around 22:35, the Defendant: (a) was unable to avoid a disturbance under the influence of alcohol at “C” located in Chuncheon-si B; (b) the Defendant took a bath to the following: (c) the Defendant was able to obtain a recommendation for returning home from E during the process of the police box from the victim who was so reported; and (d) the Defendant, the owner of the said “C”, “Is spaws”, “Is spaws,” and “Is spaws,” while complying with F.

Accordingly, the Defendant insultd the victim E by openly.

2. At the above time and place, the Defendant: (a) taken the appearance that G sent to the site upon receiving a report, citing a smartphone for police services in his/her hands; (b) broken the above smartphone to the floor and broken the case of the above smartphone by cutting down the floor.

Accordingly, the defendant damaged smartphone cases, which is a case of public goods in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. A written statement;

1. A complaint filed by E;

1. Application of the statutes to photographs and investigative reports related to the case (to attach screen pictures taken at the time of dispatch to the site);

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 141 (1) of the Criminal Act (the point of damage to public goods and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is committed by the Defendant’s action to mean a bath for the police dispatched by the Defendant upon receiving a report on his act of disturbance, as stated in the facts constituting the crime, and by other police officers who called the scene of the crime, the case was damaged by putting the smartphones in his hand and falling into the ground, and thus, the nature of the crime is bad, and it is not agreed with the damaged police officers.

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