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(영문) 서울동부지방법원 2013.10.22 2013고단2317
재물손괴등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 09:20 on July 24, 2013, when the Defendant is under the influence of alcohol on the front side of Gwangjin-gu Seoul Special Metropolitan City, the Defendant damaged the property worth KRW 400,459 on the repair cost by putting the Defendant down one time on a proten with a shower of DNA EXE car driving by the victim on the ground that the victim C (Nam and 26 years of age) was followed by a sudden warning.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the video-related Acts and subordinate statutes to each investigation report (a written estimate, photographs of damaged vehicles), vehicle boomers, and CDs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant spits the victim’s chest at once and on the face when and at the place of the above facts charged. The Defendant spits the victim’s chest at the victim’s chest at the vehicle.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the agreement bound in the records, the victim withdrawn his/her wish to punish the defendant on August 27, 2013, which is after the prosecution of this case. Thus, this part of the indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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