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(영문) 부산지방법원 동부지원 2015.08.13 2014고정1707
재물손괴등
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 15:40 on July 19, 2014, the Defendant demanded the victim to take a meal in Q restaurant operated by the victim P, Busan, the head of Si/Gun/Gu, and the Defendant demanded the victim to have the bottom side and the confection of the sugar. However, the Defendant heard from the victim the phrase “if there are many nationals, and if there is any difference, it is no longer possible to do so.”

As a result, the Defendant: (a) dumpeded “Chewing one-year kyp of the same kyke; and (b) destroyed it by gathering one glass balance equivalent to 1,000 won at the market price of the victim owned by the Defendant; and (c) dump at a 2,000 won at the market price.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Each statement made by the witness P and R in this Court;

1. Application of each image statute of evidence, photograph (Evidence No. 14, 15 pages)

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. Article 334(1) of the Criminal Procedure Act concerning the rejection of a provisional payment order in the indictment of this case provides that the summary of the assault among the charges of this case is that the Defendant assaulted the victim, such as displaying golf loans and extinguishing the arms of the victim, with the intent of the victim at the time and place stated in the crime of this case.

However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the victim's express will under Article 260 (3) of the Criminal Code.

On June 1, 2015, the victim stated that the victim withdraws his/her wish to punish the defendant in this court.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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