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(영문) 인천지방법원 부천지원 2014.08.13 2014고단1574
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

On May 19, 2014, at around 23:00, the Defendant: (a) destroyed the victim B's vehicle at the front parking lot of the Kimpo-si Kimpo-ro 119, 119, "Sacholle Yatop", and (b) damaged the victim B's vehicle parking on the side of his own even if it was not easy for the victim B to take a door; and (c) damaged the victim C's vehicle owned by the victim B, which was 440,000 won in the market price of XG car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and B;

1. A photograph of the damaged vehicle;

1. Application of the written estimate statutes;

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 (1) 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 May 19, 2014, the Defendant: (a) at around 23:00 on May 19, 2014, at the front parking lot, the Defendant: (b) obstructed the victim B’s witness while destroying the 119th head of the vehicle b; (c) obstructed the breath of the victim B’s cream; and (d) assaulted the victim D (54 years of age, women) with the blue blue part of the victim D with the blue part of the blue.

2. We examine the judgment. This is a crime falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, it can be acknowledged that the victim D and B expressed their intent not to be punished against each defendant on May 20, 2014, prior to the institution of the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 (2) of the Criminal Procedure Act.

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