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(영문) 창원지방법원 2016.12.28 2016고단3820
폭행등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 00:10 on October 1, 2016, the Defendant: (a) found labels in the residence of the victim C(30 years of age) in Changwon-si B building 808, Changwon-si, the Defendant damaged the Defendant’s property at approximately KRW 445,00,00 as an incidental market price, on the ground that “the victim would live with the OO” out of the said victim, but, on the ground that the victim’s “the victim would be mixed.” (b) inserted the mixed, and at the south house, the victim would be “Iskin” (hereinafter “Iskin”).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs;

1. Article 366 of the Criminal Act and the choice of fines concerning the facts constituting the crime;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are agreed with the victim, and the value of the damaged goods is relatively small, and the circumstances indicated in the records of the instant case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, etc., shall be determined as the sentence as ordered.

Public Prosecution Rejection Parts

1. The summary of the facts charged was around 00:10 on October 1, 2016, the Defendant: (a) sought labels at the victim C (30 years of age)’s residence in Sungwon-si, Sungwon-si, 2016; (b) sought labels from outside, divided them to whether the said victim would live with the OO; (c) however, the Defendant assaulted the victim’s face at approximately 20 times on the ground that the victim was “I would not live with the OO. . . .... Mixed in the other house,” on the ground that the victim’s appearance was “I. . . . . . . . . . .

2. Article 327 subparag. 6 of the Criminal Procedure Act and Article 260(3) of the Criminal Act of the judgment (the expression of intent not to punish the victim after the institution of public prosecution of this case)

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