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(영문) 의정부지방법원 2013.05.15 2013고정115

재물손괴등

Text

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

At around 04:30 on November 17, 2012, the Defendant: (a) sought the house of the Victim K (year 71) located in the Gyeonggi-siJ, Macheon-si, Macheon-si, and sought H to open a door without a telephone; (b) thereby, the Defendant damaged the number of doors that amounting to approximately KRW 1,00,560 on the market price of the victim owned by the Defendant, on the ground that he did not open a door.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Damage photographs;

1. Application of the written estimate statutes;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, 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. At around 05:40 on November 17, 2012, the Defendant assaulted the victim’s back-to-date on one occasion on the ground that the victim H reported to the police at the “M box” located in the Gyeonggi-si L on the ground that the victim H reported to the police.

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, the victim H submitted a written withdrawal of a complaint on March 11, 2013, which was after the institution of the instant indictment, stating his/her wish not to punish the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.