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(영문) 수원지방법원 안산지원 2016.04.07 2016고단499
재물손괴등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant was operated by a victim of the road B in Ansan-si, Masan-si, Ansan-si on November 23, 2015.

C The market price of the victim owned by the 56,000 won was damaged by a string after getting off the taxi and driving the road to return to the destination.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of written estimates for automobile inspection and maintenance;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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 was assaulted by the Defendant on November 23, 2015, on the ground that the cab driver stoppeds for the Defendant’s getting off the taxi, and the cab driver stoppeds for the Defendant’s getting off the taxi to his/her destination, on the ground that the cab driver drivens the Defendant’s way to return to his/her destination, and that the cab driver drivens the victim’s face on a hand.

2. Determination of the above facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the same Act. Since the victim D submitted a written agreement to the effect that he/she does not want to be punished by the victim on January 12, 2016, which was after the instant indictment was instituted, the prosecution against assault among the facts charged in the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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