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(영문) 서울중앙지방법원 2018.10.05 2018고정1727
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. Around 00:40 on May 9, 2018, the Defendant damaged the property equivalent to KRW 1,250,000 in total, by taking advantage of the following: (a) while drinking the female-child and alcohol of the victim D (49) within the “C cafeteria” located in Jongno-gu, Jongno-gu, the Defendant: (b) was under the influence of alcohol, and collected the small-child disease in the air conditioners without any justifiable reason; (c) damaged the restaurant glass 2; (d) a computer liquid, cooling, cooling glass, food drieder, and mer new plate; and (e) preventing the use of kimchi and the scale of business.

2. The Defendant, at the time and place specified in paragraph 1, obstructed the victim’s legitimate restaurant work by avoiding disturbance for about ten minutes for the said reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the victim;

1. Photographs, etc. of damaged articles;

1. Application of Acts and subordinate statutes to report internal accidents (on-site and CCTV verification);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning facts constituting an offense, and Article 366 of the Criminal Act (the point of destroying property and the selection of fines);

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

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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