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(영문) 광주지방법원 순천지원 2018.06.08 2018고단937
재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 10, 2018, the Defendant: (a) around 20:15, the Defendant: (b) was under the influence of alcohol in the victim D’s father of the Defendant of Bosung-gun C, the father of the Defendant, who was in his or her inner room, and was in his or her inner room, changed the victim’s plant to ask him or her; (c) but (d) the victim entered the money to perform his or her work; (d)

On the ground that he was aware of it while drinking only without entering the house, and he was well aware of it,” the victim was set up on the floor by string down stand-type strings, typeed strings, hot windings, TV, and the victim was laid up on the floor, and was laid down on the floor after he deducteds the cellular phone of the victim of the defect that he intends to report to the police with the cell phone.

In this respect, the Defendant destroyed 2 vehicles, TV, and cellular phones owned by the victim by non-repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. 공소사실 피고인은 판시 범죄사실 기재 일시ㆍ장소에서, 그곳 작은 방에 있던 피고인의 형( 兄) 피해자 E(48 세, 소아마비 4 급 )에게 “ 앞으로 ( 아버지가 하는) 대나무 공장을 내가 차고 할 라니 까 F( 막 내동생 )랑 다 나가라, 니나 F한테 밀리지 난 안 밀려, 너는 이 걸로도 죽여 버려. ”라고 말하며 피고인이 입고 있던 겉옷 지퍼 부분으로 피해자의 얼굴을 툭툭 쳐 피해 자가 피고인을 밀어내자 손으로 피해자의 얼굴을 1회 때리고 발로 피해자의 옆구리를 1회 걷어 차 피해자를 폭행하였다.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (1) and (3) of the Criminal Act;

B. On May 15, 2018, after the prosecution of this case, the injured person expressed his intention not to punish the Defendant.

(c) Judgment dismissing public prosecution:

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