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(영문) 서울동부지방법원 2021.01.20 2020고정1156

폭행등

Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 10, 2020, at around 12:46, the Defendant destroyed the Defendant’s “C Model Bas” modeled in Seongdong-gu Seoul, Seongdong-gu, Seoul. Around July 10, 202, the Defendant: (a) sold the glass in which the model lower-down model owned by the Plaintiff was enclosed by at least once in his hand, and (b) destroyed the repair cost by destroying it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes concerning the investigation report (related to damage);

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. Around July 10, 2020, around 12:46, the summary of the facts charged in this part of the indictment dismissed part of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant assaulted the victim’s face at one time due to the following reasons: (a) on the ground that the victim D ( South, 68 years old) puts a letter to criticize the Defendant on the Internet Kafbook of the Association, on the ground that he did not go against the victim D ( South, 68 years old).

2. The determination of this case is an offense falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express intent of the victim under paragraph 3 of the same Article.

In such a case, the victim expressed his/her intention not to be punished against the defendant on December 8, 2020, which was after the prosecution of this case, through a non-application for punishment submitted to this court on December 8, 2020, and thus, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure