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(영문) 광주지방법원 2013.07.16 2013고정1162

재물손괴등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On 03:30 on 19. 04. 19. 03:30, the Defendant damaged the property equivalent to KRW 50,000 at the market price owned by the Victim F, which is a occupying owner, by breaking up two tables with the chairs accumulated by E (Nam, 20 years of age) who is an employee under the influence of alcohol within the D convenience store located in Gwangju North-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Damage photographs;

1. Application of Acts and subordinate statutes not to impose punishment;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. The portion dismissing the prosecution in light of the following: (a) the confession and reflect of the reason for sentencing under Articles 70 and 69(2) of the Criminal Act; (b) the first offender and the victim reimburses the entire amount of damage after the prosecution; and (c) the victim does not want the punishment for the defendant; and (d) the amount of damage caused by the instant crime and the circumstances leading

1. On April 19, 2013, the Defendant was arrested as a flagrant offender at the place indicated in the facts charged, and was transferred to the Jeju Northern Police Station and the office around 05:20 on April 19, 2013, and had the victim slope G (Nam, 46 years of age) receive criminal investigation by having the victim and the victim sloping G (math, South, and 46 years of age died of imprisony who suffered from his clothes, “it is a crime of imprisoning fright fat,” “where there is a crime of fating fating fat,” “if the fat of fat in 82 years of inside, the fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat.

2. The above facts charged are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. According to the records of non-prosecution of punishment bound in the trial records, the victim, after instituting the prosecution of this case, shall be prosecuted. < Amended by Act No. 11849, Jun. 27, 2013>