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(영문) 춘천지방법원 2020.10.28 2020고정144
재물손괴등
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The defendant is a person who has received funeral education in Chuncheon B and C located on the third floor of the building in Chuncheon City.

1. On February 21, 2020, when the Defendant received audio-visual education at the third floor of the building B in Chuncheon City, B on February 21, 2020, the Defendant: (a) demanded D, who was receiving education together with water and cups, by arranging the water and cups; (b) was flickly demanded D to receive education; (c) the Defendant, while taking a desire to do so, laid back water to the books and damaged the unclaimed books and water circulations of the victim E (the 64 years old) owned by the director of the Education Center.

2. The injured Defendant suffered injury, as described in paragraph 1, to the victim D (n, 44 years of age) who had received education together, due to the defect that the victim D (n, 44 years of age) was melting crypted, caused injury to the victim, by putting the victim's head cry, and destroying the victim's head cump on the floor beyond the upper limit, by putting the victim's head cump over the cryp

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and E;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The part concerning the rejection of prosecution under Article 334 (1) of the Criminal Procedure Act (the point of violence) of the provisional payment order;

1. Around 21:00 on February 21, 2020, the Defendant assaulted the victim FF (n, 49 years of age) by putting the head debt of D on the floor as stated in paragraph (2) of the criminal facts on the third floor of the Chuncheon-si building B, as well as by cutting the head debt of D and cutting it over to the floor.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the Criminal Act. According to the written agreement bound in the records, the victim F, who was the victim F, withdraws his/her wish to punish the defendant on August 18, 2020 after the institution of the instant indictment.

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