Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant committed any of the following crimes under the status that the Defendant was unable to discern things or make decisions due to stimulative disorder:
1. On February 2, 2016, around 18:30 on February 2, 2016, the Defendant: (a) 601 of the “E” operated by the victim D located in Gangnam-gu Seoul Metropolitan Government (E) operated by the victim D without any justifiable reason, and damaged the volume of the said TV by breaking it into TV owned by the victim.
2. The Defendant, at the above date and time, obstructed the victim D’s accommodation business by force by putting the disturbance, such as breaking TV content, breaking sound in the guest room, putting in the corridor the discontinued transit items in the guest room, etc., and by allowing other customers accommodated at the guest room to go.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a report on investigation (with respect to the attachment of damaged parts and a photo at the scene of occurrence), investigation (with respect to the attachment of a judgment);
1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and selection of fines for the crime;
1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;
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;