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(영문) 의정부지방법원 고양지원 2013.05.30 2013고단431

재물손괴등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 02:00 on July 26, 2012, the Defendant: (a) performed drinking together with the victim at the “Dju shop” operated by the victim C in Yongsan-gu, Yongsan-gu; (b) and (c) carried out a fright female-friendly talk before the Defendant, and had a dispute with the victim C while the Defendant was doing so with the victim C, which was in a dispute with the victim, and caused the damage to the Defendant by cutting down the brightness 1,00 won of the market price of the victim’s possession, which was located there, to the head of the 200,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A written statement of C and E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act concerning the crime (the point of causing property damage and the choice of fines);

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. Around 02:00 on July 26, 2012, the Defendant, at the Dju shop operated by the Victim C (Y, 31 years of age) in Goyang-dong, Mangdong-gu, Mangsan-si, performed drinking together with the victim, and the Defendant was breadling the victim’s breadm and female-friendly talks before the times while the Defendant was doing a breadm with her hand and her face and body.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, on March 4, 2013, after the prosecution of this case was instituted, a written agreement that expressed the victim’s wish not to punish the defendant was submitted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.