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(영문) 서울북부지방법원 2017.07.12 2017고단376

재물손괴등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 15, 2016, at around 05:25, the Defendant destroyed the front side of the “D” route operated by the victim C in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, without any justifiable reason, by walking two signs of “Prohibition of Plast Parking” equivalent to KRW 80,000, the market price of the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, acknowledges and reflects the crime.

The degree of damage to the crime of damage does not reach a severe degree, and the victim made an agreement with the victim and expressed his/her intention not to be punished against the defendant in the victim.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

Rejection of Public Prosecution

1. On November 15, 2016, the Defendant assaulted the victim F (22 years of age) of his/her own act, among the body fighting matches with C, etc., at the direction of “D” located in “D” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul around November 15, 2016.

2. The facts charged above shall not be prosecuted against the clearly expressed will of the victim pursuant to Article 260 (3) of the Criminal Act, as a crime falling under Article 260 (1) of the Criminal Act.

According to the record, the fact that the victim expressed his wish not to punish the defendant on May 19, 2017, which was after the prosecution of this case was instituted, can be acknowledged.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.