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(영문) 부산지방법원 2015.04.08 2014고정4653
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

1. On July 24, 2014, at around 06:10, the Defendant expressed that, within the subway station located in the Geumdong-gu, Busan, the Defendant: (a) stated that, without any justifiable reason, the victim C (the 50-year-old and female) who was seated in the seat suitable for boarding the said railway station in the southyangsan Station, the Defendant was breading the victim “hing the victim’s why he would be said; and (b) assaulted the victim’s back portion on a several occasions.

2. The Defendant damaged the property in an amount equivalent to KRW 130,00 in the market price by cutting off and destroying the safety boomed by the victim at the same time and place as the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The application of Acts and subordinate statutes to photographs, such as the part on the part of the victim, etc. [a photograph which denies that the defendant did not assault the victim or injure the victim's safety, but according to the witness C's testimony, the victim's neck photographs, etc., it is sufficiently recognized that the defendant took a bath in the subway as stated in the facts constituting the crime in the judgment of the victim, and that the defendant took a assault in the subway while under the influence of alcohol, and that he damaged the safety worn by the victim.]

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act and Article 266 of the Criminal Act, the choice of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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