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(영문) 수원지방법원 성남지원 2020.03.20 2020고단140
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Attached Form

As stated in paragraphs 1 and 4 of the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on investigation reports, on-site photographs, written decision on urgent ad hoc measures, confirmation and notification of urgent ad hoc measures, photographs, victim’s letter-fags photographs, 112 report handling records, and victim B telephone details records;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act (the point of causing damage to property, selecting fines) and Article 3 (1) 41 of the Punishment of Minor Offenses Act (the fact of continuous harassment, including, but not limited to, the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the maximum amounts of two crimes] among concurrent crimes, Article 38 (1) 2 and Article 50 of the Criminal Act;

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

1. In view of the content and circumstances of each crime as indicated in the judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the result brought about the victim, such crime cannot be deemed to be light.

However, the defendant reflects the mistake, and takes into account the motive for the crime that resulted from the extinguishment of his spouse.

The victim has no longer want to be punished by the defendant, and the defendant has no other criminal record or has no previous record in addition to being punished by a fine twice.

In addition, the defendant's age and health, family relations and living environment, details and result of a crime, and circumstances revealed in pleadings shall be determined as ordered in consideration of the overall circumstances revealed after the crime.

The facts of assault and intimidation among the facts charged in the instant case are as shown in the attached Forms 2 and 3.

This is an offense falling under Article 260(1) of the Criminal Code and Article 283(1) of the Criminal Code, which cannot be prosecuted against the clearly expressed will of the victim in accordance with Articles 260(3) and 283(3) of the Criminal Code.

According to the statement of each written application for no punishment submitted to this court, the above victims shall file the prosecution of this case.

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