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(영문) 수원지방법원 안양지원 2014.01.29 2013고정1230
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 02:50 on July 12, 2013, the Defendant: (a) was under the influence of alcohol in front of the Calullow apartment 786, Suyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, the Defendant: (b) destroyed the Victim B’s Callow-low-income car without any reason; (c) obstructed the Victim B’s car without any reason; and (d) obstructed the Victim’s car by walking up twice the pent and door of the driver’s seat of the car owned by him/her, thereby destroying approximately KRW 54,562 of the repair cost of the car.

2. Around 03:50 on July 12, 2013, the Defendant insultingd the victim by openly insulting the victim, following the Defendant’s 6 police officer of the same police officer and the victim F (35 years of age), who was arrested as a flagrant offender and was in charge of the Defendant’s new illness by committing the act referred to in paragraph (1) of the above Article, as seen in the above paragraph (1), while the Defendant was in charge of the Defendant’s custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning B and F;

1. Application of the Acts and subordinate statutes concerning estimates of repair costs;

1. Relevant Article 366 of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts, the choice of punishment (the point of causing property damage and the selection of fines)

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is around 02:50 on July 12, 2013, the Defendant assaulted the victim B by drinking bather bat on the top of the ambat apartment fat-dong, Manyang-gu, Manyang-gu, Annyang-si, 786, with no reason, under the influence of alcohol in front of the ambat apartment.

2. 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 express intent pursuant to Article 260(3) of the Criminal Act. According to the records, the victim is against the defendant after instituting the prosecution.

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