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(영문) 대구지방법원 포항지원 2018.05.25 2018고단332

재물손괴등

Text

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

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

Reasons

Punishment of the crime

On January 28, 2018, at around 04:56, the Defendant: (a) was fluording the water contained in the instant cup into the Defendant, while she was fluoring with the victim at the home of the Victim C, a female-friendly job in North-gu, North-gu, North-si, North-si, and 201; (b) was fluoring a bridge by taking a brupted B’s market price, which is the victim’s ownership.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of photographs of scene damaged by property);

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 against the order of provisional payment

1. 공소사실의 요지 피고인은 2018. 1. 28. 04:56 경 포항시 북구 B에 있는 여자친구인 피해자 C의 집에서 피해자와 말다툼을 하던 중 피해자가 컵에 담긴 물을 피고인에게 뿌린 것에 화가 나, 주먹으로 피해자의 얼굴을 1회 때리고, 발로 피해자의 허벅지를 약 5회 걷어찼다.

Accordingly, the defendant assaulted the victim.

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. After the prosecution of this case, a written agreement that contains the victim's expression of intention not to punish the victim is submitted.

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