Of the facts charged in this case, a prosecution against the injury by negligence is instituted.

The defendant and the victim B (the age of 50) are marital relationships around October 1997 and divorced on November 2017.

From October 22, 2016 to 23:00 on October 4, 2016, the Defendant damaged the Victim B’s market value located far away from the floor of the Defendant’s residential area located in Chungcheongnam-gun C, Chungcheongnam-gun, which is equivalent to KRW 200,00,000, by using Samsung Ggalno No. 5 mobile phones as his/her hand, thereby destroying them.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (one day per day) of the Criminal Act for the inducement of a workhouse;

1. The rejection of prosecution under Article 59 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused, and that the accused is less likely to recommit a crime);

1. On October 4, 2016, the Defendant: (a) from around 22:00 to around 23:00, at the Defendant’s residence located in the Chungcheongbuk-gun C, the victim tried to call to the director of the Youngdong probation office related to the counseling and education of domestic violence; and (b) deducted Samsung Tgalle-gu mobile phones 5 mobile phones owned by the victim.

당시 피해자가 피고인과 약 50cm로 근접하여 바닥에 앉아 있었으므로, 자신이 휴대폰을 바닥에 던지면 그 휴대폰이 튕겨져 나가거나 빗나가 피해자가 그 휴대폰에 맞을 수도 있다는 사실을 예견할 수 있었다.

그럼에도 불구하고 피고인은 위와 같이 피해자로부터 빼앗은 휴대폰을 바닥에 던져, 휴대폰이 바닥에서 튕겨져 피해자의 왼쪽 팔에 맞아 피해자에게 약 2주간의 치료가 필요한 좌측상완부 타박상을 입게 하였다.

2. This part of the facts charged is an offense falling under Article 266(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 266(2) of the Criminal Act.