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(영문) 서울중앙지방법원 2019.01.22 2018고단8161

재물손괴등

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

The defendant is a company member.

At around 00:00 on July 29, 2018, the Defendant damaged property to cover approximately KRW 260,000 of the repairing cost, by walking the toilet door three times in front of the main toilet in Jongno-gu Seoul Metropolitan Government, on the ground that the toilet entrance in front of the main toilet in Jongno-gu C is not well opened.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation;

1. Application of Acts and subordinate statutes to investigation reports (Submission of receipts related to expenses for recovery from damage);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: (a) the employees of the above business establishment, who discovered the escape out of the main place after destroying the toilet locking device at the time and place as mentioned in its reasoning, used the victim’s face of the victim D (Nam, 26 years old), who is an employee, by driving away the Defendant at one time, and attempted to flee again; (b) however, the victim once turns the victim’s timber with his hand to prevent the front of the Defendant, and used the victim’s right shoulder at one time with his left hand.

2. Determination

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

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

C. On September 14, 2018, after the prosecution of this case, a written agreement of the victim stating that the victim does not want punishment against the defendant is submitted to this court.

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