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Reasons
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(영문) 울산지방법원 2013.08.19 2013고정759
폭력행위등처벌에관한법률위반(공동재물손괴등)등
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) and the Defendant and B, at around 00:04 on November 25, 2012, share the same kind of 'E operated by the victim D in Ulsan Northern-gu C' at the main point of "E on November 25, 2012."

The body was fighting.

The Defendant and B, as seen above, destroyed five parts of the amount equivalent to KRW 50,000 at the market price at the time of purchase of the victim’s possession, KRW 80,000, KRW 80,000, KRW 10,000 at the time of the purchase of the victim’s possession, and KRW 10,000 per piece.

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

2. The Defendant was arrested in the act of insult G, the victim of the instant offense, and the police officer, who was called out after receiving a report of 112 on the said act at the above time and place, by a slope G, the victim of the instant offense.

Accordingly, while the Defendant listened to several times including D, the above main points, the victims who were sexually insulting, the Defendant sent to the victims a hume, “this hume, hume, hume, hume, hume, hume, hume, hume,” thereby openly insulting the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of D police statement;

1. Each complaint and written statement filed by G and H;

1. Application of the Acts and subordinate statutes to the scene of crime and damage;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Article 311 of the Criminal Act, and Article 311 of the same Act concerning the selection of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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