logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.09.23 2015고정883
재물손괴등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

At around 21:40 on November 7, 2014, the Defendant, at the bus stop stop located in Mapo-gu Seoul, Mapo-gu, Seoul, 45-ro, and the Defendant, on the ground that the Defendant tried to report his desire to the driver in the bus No. 5712, the Defendant got his cell phone cited by the victim C (the age of 26) as his hand, thereby impairing the effectiveness of the Defendant, such as impairing the floor by cutting down the cell phone of the victim and impairing the liquidness.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes, such as photographs of damaged articles, damaged photographs, field photographs, etc., and photographs by capturing 5712 black stuffs images;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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 November 7, 2014, the Defendant: (a) around 21:40, at the bus stop located in Mapo-gu Seoul Mapo-gu, the bus stop located in the 45-ro, Mapo-gu, Seoul, the bus stop, the Defendant: (b) destroyed the cellular phone of the victim C (the age of 26) and attempted to leave it as it is; (c) caused the victim by a defect that the victim waits until the police, and assaulted the victim by using flaps and spas of the victim; and (d)

2. The judgment below is an offense falling under Article 260(1) of the Criminal Act, which cannot be punished against the victim’s explicit intent under Article 260(3) of the Criminal Act. The records show that the victim has withdrawn his/her wish to punish the defendant after instituting the instant prosecution. Thus, this part of the prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

arrow