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(영문) 의정부지방법원 고양지원 2018.10.19 2018고단2171
폭행등
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

On June 21, 2018, the Defendant destroyed and damaged property equivalent to 284,500 won at the market price by cutting off the victim D's LG G6 smartphone from the street in front of the Dongdaemun-gu store in Gyeyang-gu, Seoyang-gu, Seoul around 21, 2018, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the written estimate statutes;

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. The summary of the facts charged is whether the Defendant, at the time and place indicated in the judgment, expressed a great desire for the Defendant on the ground that the Defendant was fluorous due to tobacco smoking, and that the victim D, who was complying with the intent, was fluorily fluored, and that the Defendant was fluorous.

“Absing away after the victim’s speech, the victim was able to take a cell phone camera in a manner that gets away from his/her own and her mobile phone, and was assaulted by the mother, such as having his/her head cut off.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since an agreement was submitted on August 30, 2018, which contains the victim’s intention not to punish the victim, the prosecution against this part of the facts charged is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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