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(영문) 부산지방법원 2014.09.04 2014고정2492
재물손괴등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced to imprisonment for one year with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on Punishment of Violences, Etc., such as a group, deadly weapon, etc.) in Busan District Court on July 3, 2014 and the judgment on July 11, 2014 becomes final and conclusive.

1. On March 14, 2014, the Defendant: (a) around 14:35, 2014, caused the damage and damage of property to be effective by: (b) the Defendant, on the street in front of the “D” restaurant located in Busan Seo-gu, by breaking off the entrance of the said restaurant to a cafeteria, without drinking alcohol by the victim E (the 69-year-old age-old) who is the owner of the said restaurant, was set up on the locking of the restaurant, instead of drinking alcohol; and (c) thereby damaging the repair cost of KRW 60,000 by getting off the window glass of the restaurant.

2. From 13:35 to 14:35 on the same day, the Defendant obstructed the victim’s restaurant business by having other customers, spawn with the relevant restaurant, spawn with the relevant table, spawn the table behind the table, spawning the table, making other customers, spawning the disturbance, and destroying glass windows, etc., and having other customers, who had received meals, throw away the disturbance, thereby interfering with the victim’s restaurant business for a period of up to one hour.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Investigation report (specific time limit for crimes of a suspect);

1. Written estimate;

1. Previous convictions: Application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act and the selection of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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

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

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