(영문) 창원지방법원 통영지원 2016.10.06 2016고단1229



A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.


Punishment of the crime

피고인은 2016. 6. 24. 10:50경 경남 거제시 C에 있는 'D제과점' 앞 인도에 걸쳐 주차되어 있던 피해자 E(30세) 소유인 승용차로 인해 자신이 걸어가는데 방해가 된다는 이유로, 위 차량의 운전석 앞 범퍼와 휀다를 발로 찼다.

Accordingly, the defendant damaged the victim's property to be the repair cost of about 800,000 won.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of the police statement of E;

1. A damaged vehicle and on-site photograph;

1. Written estimate;

1. Application of the instant photograph-related Acts and subordinate 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant's wife and leakage did not want the defendant to be punished by the victim and the victim did not want the defendant's consent, and the defendant's wife and person must treat and supervise the defendant, appeal his wife and other defendant's age, character and conduct, health conditions (suspect of mental disease), family relation, circumstances of the crime, means and result, circumstance after the crime, etc., the part dismissing the punishment by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act

1. On June 24, 2016, around 10:50 on June 24, 2016, the Defendant: (a) committed assault by the Defendant, at India, on the front of “Dwork Points”, on the ground that: (b) a passenger car owned by the victim E (the age of 30) who was parked across India would interfere with one’s walking; and (c) a victim’s face was set off as the hand-to-face and was boomed.

2. Determination and conclusion

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with an intention: Article 260(3) of the Criminal Act (Submission of an agreement containing an indication of non-compliance with punishment on August 9, 2016, which is after the institution of this case by victim E);

C. Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.