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Reasons
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(영문) 인천지방법원 2016.11.23 2016고단5234
재물손괴등
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2016, at around 23:30, the Defendant destroyed the cooling glass door so that the repair cost can be KRW 350,000,00,000,000 of plastic chairs ( approximately 1m, 50cm in width) located in the office, which was found in the office due to transactional problems with the victim C, was collected in the office of the company operated by Jung-gu Incheon Metropolitan City, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (including the C’s statement);

1. Written estimate for repair of the coolant;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 366 of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the damage is relatively minor, the fact that the damage was agreed with the victim, and the previous occupation);

1. The part dismissing prosecution under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, Etc.

1. Around August 1, 2016, at the office of D Company E operated by Jung-gu Incheon, Jung-gu, Incheon. Around August 23:30, 2016, the Defendant: (a) prevented the Defendant, who is an employee of the said D Company E (Nam, 57 years of age), from participating in the disturbance; and (b) assaulted the Victim by bhering the victim’s quih with his/her seat; and (c) assaulting him/her with his/her hand.

2. We examine the judgment. This is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act. According to the records, the victim E can be aware of the fact that the victim expressed his/her wish not to punish the defendant on November 8, 2016, after the institution of the instant prosecution. Thus, this part of the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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