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(영문) 전주지방법원 군산지원 2013.09.12 2013고정408
재물손괴등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 28, 2013, the Defendant, at around 22:20 on February 28, 2013, covered the front glass of the “Ccafeteria” in the Gunsan City B by drinking alcohol without any reason, and destroyed a large glass.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of the Acts and subordinate statutes on windows of glass damaged;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On February 28, 2013, at around 22:20, the Defendant: (a) drunkd the front glass of “Ccafeteria” located in Gunsan-si B; and (b) destroyed large glass by drinking alcohol without any justifiable reason.

The Defendant, in the process of investigation into the property damage case, voluntarily moved to the G District Unit of the Military Police Station, and had two civil petitioners different from the G District Police Officers in the G District, and publicly insulting the victim E circumstances of the G District Team leader of the 2 team in the situation where there are two other civil petitioners.

2. Of the facts charged in the instant case, the insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon a victim’s complaint under Article 312(1) of the Criminal Act. Since the written withdrawal of the victim E’s complaint was submitted to this court on September 9, 2013, which was after the instant indictment, the indictment on the said part is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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

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