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(영문) 의정부지방법원 2018.08.22 2018고단1971
재물손괴등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 27, 2018, the Defendant demanded the victim E to bear KRW 5,000,000, which is located in Namyang-ju C, but the victim refused it, and caused the damage by cutting off one beer's disease at the market price equivalent to KRW 4,00,00, which was kept in the cooling house, after cutting out one beer's disease at the market price of 4,000, which was stored in the cooling house.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written E;

1. Relevant legal provisions and Article 366 of the Criminal Act regarding the crime, the choice of a fine (including the minor degree of damage, the agreement with the victim, and the reflection thereof, etc.);

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. On April 27, 2018, the Defendant: (a) requested the victim E to bear KRW 5,000,000, which is located in Namyangju, around 23:25, 2018; (b) however, the victim refused to do so; (c) obstructed the victim’s neck by his/her hand; and (d) assaulted the victim’s chest by his/her body.

2. The facts charged in this part of the judgment fall under Article 260(1) of the Criminal Act, and thus cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. In such a case, the victim withdraws his/her wish to punish the Defendant on July 3, 2018, which was after the instant indictment. Accordingly, this part of the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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