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(영문) 부산지방법원 동부지원 2017.12.07 2017고단2315
재물손괴등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as B employee, and the victim C (65, South) is a security guard of the above restaurant, and the victim D (60, South) is a general manager of the above restaurant.

1. On June 10, 2017, at around 01:30, the Defendant: (a) sought a guard room in front of the victim C in Busan, Daegu E, and then sought his/her entrance in the state of drinking; and (b) the victim resisted the entrance door by setting up the entrance door of the early suit in which the victim closed the entrance, and then removed and damaged the 10,000 won of the market value installed at the expense window managed by the victim D at his/her hand.

2. The defendant who intrudes into a structure shall not open an entrance to the security guards, as prescribed in paragraph (1), and his/her business is terminated by reason that security guards C do not open the entrance;

With limited access, the victim D intruded the knife at the B restaurant site managed by the victim D with the purpose of holding the knife.

3. On the same day, the Defendant continued to damage a special property by continuously using a knife knife (24 cm) that is a dangerous object carried out as set forth in paragraph 2 of around 01:50 on the same day, and then damaging the market value by putting the knife knife knife (24 cm) managed by the victim D several times and making it defective.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each investigation report and the application of relevant Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 319 (1) of the Criminal Act (the point of intrusion on a structure), Articles 369 (1) and 366 of the Criminal Act, the selection of fines;

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. Articles 70 and 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;

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