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(영문) 서울북부지방법원 2017.12.07 2017고정1508
재물손괴등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant with the trade name of “F” on the first floor of a building owned by the victim D (ma, 63 years old) and the victim E (ma, 59 years old) in Dobong-gu Seoul Metropolitan Government.

1. Around 09:00 on April 12, 2017, the Defendant, on the ground that the entrance door of the victim E-owned parking lot at the first floor of the Dobong-gu Seoul Metropolitan Government building C is not well opened, and thus, caused damage to the Defendant’s utility by forcing the door of the exhauster without the victim’s consent so as to have approximately KRW 1,650,000 of the repair cost increased.

2. Definating;

가. 피고인은 2017. 4. 12. 10:30 경 위와 같은 장소에서 피해자 E가 셔터 문을 손괴한 사실에 대해 경찰에 신고했다는 이유로 출동한 경찰관과 주변 행인 7, 8명이 있는데 “ 오토바이로 깔아 버린다!! 죽일 연놈 새끼들!! 얼마나 잘 사는지 보겠다.

In other words, “the victim was openly insultingd.”

나. 피고인은 2017. 4. 12. 10:30 경 위와 같은 장소에서 같은 이유로 피해자 D에게 “ 오토바이로 깔아 버린다!! 죽일 연놈 새끼들!! 얼마나 잘 사는지 보겠다.

In other words, “the victim was openly insultingd.”

Summary of Evidence

1. Each police statement made to D or E;

1. Investigation report (to attach photographs of the stacks submitted by the complainants and photographs);

1. The application of statutes to video CDs [the defendant's act constitutes a crime of damage to property, as the defendant's act can verify the fact that the degree of damage to the exhaustr due to the defendant's act was more serious.]

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 311 of the Criminal Act, and the choice of fines, respectively;

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;

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

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