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(영문) 서울남부지방법원 2017.06.21 2017고단1694
재물손괴등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On March 30, 2017, around 04:30 on March 30, 2017, the Defendant damaged the victim’s property by impairing the usefulness of the market price, where the victim D left before the house without any reason, under the influence of alcohol before Gangseo-gu Seoul Metropolitan Government C, by breaking the unexploded fire.

B. On March 30, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) under the influence of alcohol in the F District District located in Gangseo-gu Seoul Metropolitan Government, and (b) committed an act that seems to commit an assault against the victim D of the above property in the course of questioning the case by the police officer after receiving a report from 112 regarding the facts constituting the crime at issue; and (c) committed an act of disturbance at a government office in the influence of alcohol, such as committing an act of assaulting the victim D of the property damage in the course of questioning the case by the police officer; and (d) committing an act of disturbance with the large voice called “Mam Dam” and “Se Mah”, and committing an act of disturbance at the police office.

2. Defendant B, at around 04:40 on March 30, 2017, at the same place as the foregoing 1.B. Around 04:40, the Defendant, while under the influence of alcohol at the same place, had a complaint about questioning the Defendant about the circumstances of the instant case by the slope G belonging to the said FF G, and had the police officers working at that place with the large sound called “spacker”, and had the Defendant take the Defendant’s cell phone toward slope G, and had the Defendant take the Defendant’s cell phone at the public office.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements prepared in D;

1. Written G Preparation (G);

1. A written statement under which the State is engaged (A);

1. A written statement of the State’s employment (B) the application of the statute;

1. Relevant provisions of the Act on the Punishment of Minor Offenses and A: Defendant A who has the option of a punishment: Article 366 of the Criminal Act (the point of damage to property, the selection of fines), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of revocation of the official seal): Article 3 (3) 1 of the Punishment of Minor Offenses Act;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order:

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