2014 Highest 297 Property damage, assault

A

Phosung (prosecution) and Kim Young-young (Public trial)

2014,9.24

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Punishment of the crime

The defendant parked the C Carn vehicle on the front side of the parking lot of the building B where he resides in, and the victim D(54 years old) and E(56 years old) who parked in the parking lot moved FK5 vehicles in order to move FK5 vehicles in the parking lot. However, the defendant was not promptly moved the vehicle.

1. Damage to property;

At around 07:20 on March 9, 2014, the Defendant: (a) in front of the parking lot of the building B in Jinju-si, on the ground that the victims of the previous incident were made a telephone call to his mobile phone and call a telephone to cut off the vehicle; (b) caused the damage to the Defendant, on the ground that the victims were able to take a bath while making a call to cut off the vehicle, thereby getting off the part of the 5 K5-vehicle owned by the victim D with drinking and sending off the 763,510 won of the repair cost.

2. Violence;

The Defendant, at the same time and place as set forth in paragraph (1) of this Article, assaulted the victims in turn on the following grounds: (a) the victim E’s face part can take a drinking time; (b) the victim E is walking the bridge part at one to two times; and (c) the victim’s bridge part is walking the bridge part at one to two times; (d) the victim’s bridge part is walking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Photographss, photographs, etc. by cutting a black boom;

1. With respect to submission of a written estimate for investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 366 of the Criminal Code (the point of causing damage to property, the choice of fines) and Article 260 (1) of the Criminal Code (the point of violence and the selection of fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Eknbs