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(영문) 창원지방법원 진주지원 2018.03.27 2017고단899

폭행등

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 10, 2017, around 13:50 on July 13:50, 2017, the Defendant: (a) instead of paying construction cost for up to four years E’s construction cost, and filed a civil lawsuit to himself; and (b) destroyed the construction cost on the front and rear glass of the FN PH owned by Korea Social Co., Ltd., the victim parked there.

As a result, the Defendant damaged the property owned by the victim to be approximately KRW 1,383,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of a criminal complaint and vehicles damaged by property;

1. A certificate (G);

1. Application of statutes to a copy of a motor vehicle registration certificate, a copy of a motor vehicle lease agreement, and a detailed statement of automobile repair expenses;

1. Article 366 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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. Facts charged;

A. On June 14, 2017, around 10:40 on June 14, 2017, the Defendant committed the crime committed “D construction site” in Sacheon-si, Sacheon-si, and around 10:40 on the front of the “D construction site,” the Defendant did not pay construction cost for four-year construction cost, and filed a civil lawsuit against the victim E (54 years old) to himself/herself, and distributed two raw water (500ml) from the victim’s head and clothes.

Accordingly, the defendant assaulted the victim.

나. 2017. 6. 15. 경 범행 피고인은 2017. 6. 15. 13:40 경 창원시 성산 구 창이대로 669에 있는 ‘ 창원지방 검찰청’ 3 층 민원 대기실에서, 피해자 E이 계속하여 자신을 고소하자 화가 나, 그곳의 의자에 앉아 있던 피해자의 어깨 부위를 발로 1회 걷어찼다.

Accordingly, the defendant assaulted the victim.

2. The above facts charged constitute a crime falling under Article 260(1) of the Criminal Act, and is charged against the victim’s explicit intent in accordance with Article 260(3) of the Criminal Act.