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(영문) 청주지방법원 2016.08.17 2016고정449
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

피고인은 2016. 4. 8. 21:43 경 충북 진천군 B 건물 앞 노상에서, 술에 취하여 동거 녀와 언쟁을 벌이던 중 피고인의 일행이 이를 만류하자, 화를 내면서 그 곳에 주차되어 있던 피해자 C 소유의 D SM3 승용차의 양쪽 사이드 미러 등을 발로 걷어찼다.

Accordingly, the defendant damaged the above vehicle owned by the victim by approximately KRW 1,034,207.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. A vehicle estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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. Whether this part of the facts charged is why a victim E passes through the date, time, and place stated in the facts charged

“In doing so, the victim was sculed by bating bats of the victim, and assaulted the victim once bating the victim’s face.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's explicit will pursuant to Article 260 (3) of the Criminal Act. Since the victim E after the indictment of this case was submitted to this court in writing that the victim E does not wish to punish the defendant, this part of the indictment is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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