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(영문) 창원지방법원 2016.11.09 2016고정903

재물손괴등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On July 2, 2016, the Defendant: (a) around 14:15, the victim D, a business owner at the convenience store, did not re-employed himself/herself at the convenience store; (b) destroyed a caner with approximately 5,350 won at the market price by cutting off 30 caners on the floor in which he/she was sealed by a car and hand; and (c) destroying approximately 19 caners among them.

Summary of Evidence

1. Defendant's legal statement;

1. Application of written statements, on-site photographs statutes;

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

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (The first offender in the case of the defendant, the victim does not want the punishment of the defendant, and the amount of damage is a small amount);

1. Penalty fine of 500,000 won to be suspended of sentence;

1. The part concerning the dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. The summary of the facts charged was assaulted by the Defendant on July 2, 2016 on the following grounds: (a) around 14:15, on the part of Kimhae-si B; (b) on the part of the convenience store C, on the part of the Defendant, on the ground that he was drunk and did not re-employed himself, at the convenience store, on the part of the victim D(53 years of age) who is a business owner, on two occasions.

2. Determination

(a) Provisions of applicable provisions to charges: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) The injured party shall express his intention not to want the punishment of the accused after the prosecution is instituted;

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