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(영문) 창원지방법원 진주지원 2014.04.15 2013고단1279
폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2013 Highest 1279] Around 01:30 on November 21, 2013, the Defendant assaulted the victim E (56 years of age) on the street above “D hotel” located in Sacheon-si C, for the reason that the victim E (56 years of age) fells against the Defendant’s disturbance from the drinking house.

[2014 Godan17] On January 15, 2014, the Defendant 15, around 01:25, when the Defendant came to “H”, which is the Defendant’s relative G, the Defendant’s residence in Sacheon-si F, the Defendant: (a) destroyed the entrance locking system equivalent to KRW 10,00,00 in the market price owned by the victim; (b) continuously intrudes the entrance into the entrance; (c) continuously duplicating the petroleum scam in its location, which is the victim’s petroleum scam located therein; and (d) caused the damage to the Plaintiff’s use of the entrance by placing the 30,000,000 won in the market price.

Summary of Evidence

[2013 Highest 1279]

1. Defendant's legal statement;

1. Each police statement of E and I (2014 senior group 17);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Damage photographs;

1. Application of Acts and subordinate statutes concerning investigation reports (related to failure to attach a written estimate of damage);

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of fines for negligence;

1. Of concurrent crimes, the 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 for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, there are unfavorable circumstances such as the Defendant committed the instant crime during the period during which the instant crime was suspended, the victim E wishes to punish the Defendant. On the other hand, the victim G is not subject to the punishment of the Defendant; the Defendant suffers from the mental and behavioral disorder of detailed unknownness due to alcohol use; and the above disease is the instant crime.

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