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(영문) 대구지방법원 2017.08.31 2017고단2812

폭행등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On January 9, 2017, at around 15:33, the Defendant: (a) placed a car owned by the victim E, which was parked in the said parking lot without any justifiable reason, in the front of the “Dnorn” parking lot located in Daegu-gu, Daegu-gu, without the influence of alcohol; and (b) sealed the car with the fence of the driver’s seat of the said car; and (c) placed the victim who continued to sit in the said car on the seat of the driver’s seat.

The said car was destroyed to cover approximately KRW 849,838,00 for the repair cost twice, following the height of the said car and the fence of the driver’s seat of the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of destruction, studio, studio images;

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act of the choice of punishment, and the choice of a fine (it is not less than the nature of a crime, but referring to the fact that the defendant is divided in depth with the defendant, that the damaged person is the preference of the defendant by mutual consent with the victim, and that the damaged person has no record of punishment exceeding the fine, etc.);

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 (the point of violence) of the Provisional Payment Order;

1. The summary of this part of the facts charged was assaulted by the Defendant, at the time and place of the above facts charged, such as: (a) the victim E committed an act that seems to have been committed by the victim E toward the head of the victimized person.

2. Determination

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

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

C. Submission of an agreement on August 14, 2017, which contains an expression of intent that the injured party does not wish to punish the Defendant, following the institution of the instant indictment.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;