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(영문) 대구지방법원 2016.08.17 2016고정1473

재물손괴등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

As a professor in charge of B marketing, the defendant is correct ex officio because the victim's name was omitted in the facts charged in the case of C, but it seems that there is no obstacle to the defendant's right to defense.

The division is the legal relationship between the couple who is residing in the Gyeonglbuk-gun D 302.

On December 6, 2015, the Defendant, at around 16:25 on December 6, 2015, entered the rash car owned by the victim and operated the rash vehicle in order to escape the assault by the victim in front of his residence, and thereby, damaged the utility of the rash vehicle by walking both backers and even doors.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation (on-site conditions, etc.);

1. Application of the provisions of Acts and subordinate statutes of the Motor Vehicle Registration Register (related to attachment of the register of motor vehicle registration and estimates for damaged vehicles) and the investigation report;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On December 6, 2015, the Defendant, at around 16:25 on December 6, 2015, said that the victimized person was present at a fraternity meeting with the Gu on the preceding day before his/her residence and was in a family of friendship in mountain.

However, it was confirmed that the contact was cut down and not on the friendship, and the victim was found to possess the fruit on the house on the next day and come to a close house with the victim's driver's size, and the victim was assaulted, such as her ambl and walking once.

2. Of the facts charged in the instant case, the charge of assault is a crime 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 same Act. The victim shall be punished against the Defendant on August 3, 2016, which was after the instant prosecution was instituted.