Text
Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
At around 19:50 on May 8, 2015, the Defendant, in front of the house of the victim (Inn, 3) in Gui-si, the Defendant, under the influence of alcohol, laid down 2 bits on the market price of the victim (60 cm in name, 80 cm in height), which is the ownership of the victim, into his hand, and led to the duping of soil and trees into the road.
Accordingly, the defendant damaged another person's property.
Summary of Evidence
1. Statement by the defendant in the third protocol of trial;
1. Legal statement of a witness in the fourth protocol of the trial;
1. Application of the statutes on images of field photographs;
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. Rejection of public prosecution under Article 334 (1) of the Criminal Procedure Act;
1. Around May 8, 2015, the Defendant assaulted the Victim’s grandchildren on the ground that the Victim(s) under the influence of alcohol would be the Victim’s Dog-si in front of the house and that the Victim’s Dog-si under the influence of alcohol would be the Victim’s Dog-do.
2. This part of the facts charged is an offense against the victim’s explicit intent under Article 260(3) of the Criminal Act that constitutes Article 260(1) of the Criminal Act and thus, cannot be prosecuted.
However, according to the records of this case, it is recognized that the victim expressed his/her intent not to punish the defendant on March 24, 2016.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.