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(영문) 대구지방법원 2018.06.27 2018고정142
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 4, 2017, the injured Defendant attached a fighting match with the victim E (52 years) on the ground that the Defendant would make a friend friend friend friend friend friend friend friend friend friend friend friend friend friend in D.

When the defendant's face of the victim E was taken one time, the defendant was able to know the number of days of treatment and was boomed with the victim E.

2. Violation of the Punishment of Violences, etc. Act (damage to common property) and the Defendant and E, while fighting their body at the above time and at a place, had two tables with approximately KRW 200,000,00 in the market price owned by the victim F of the said restaurant business, accompanied by two tables with approximately KRW 1.50,000 in the market price.

Accordingly, the Defendants jointly damaged the property owned by the victim F.

Summary of Evidence

1. Legal statement of witness E;

1. A legal statement of the defendant who recognizes the face of the victim E once;

1. Statement made by the police with regard to F;

1. A photograph of the upper part of the body;

1. Application of Acts and subordinate statutes concerning receipt of damaged goods;

1. Relevant laws concerning facts constituting an offense, Article 257(1) of the Criminal Act of the choice of punishment, Article 257(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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