Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

피고인은 2012. 8. 15. 12:40경 부천시 원미구 C에 있는 ‘D게임랜드’ 안에서, 종업원인 피해자 E(43세)가 게임기에 코인(동전)을 빨리 넣어주지 않는다는 이유로 시비가 되어 다투다가 손으로 피해자의 멱살을 잡고, 주먹으로 피해자의 얼굴을 수회 때리고, 이마로 피해자의 얼굴을 수회 박고, 게임기 위에 있던 일명 ‘똑딱이’로 피해자의 머리를 수회 때려 피해자에게 치료일수를 알 수 없는 두피열상 등을 가하였다.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (the point of causing the destruction and damage of property);

1. Around 12:40 on August 15, 2012, the Defendant, within the “D Gameland” located in Seocheon-si, Seocheon-gu, Seocheon-si, Seoul, on the ground that the victim E (the age of 43) who is an employee is not promptly put in the game machine, thereby disputing the issue of the trial cost. However, the Defendant destroyed the said game machine by destroying the parts of approximately KRW 100,000,000 in the market price in the said game room.

2. However, there are evidence that correspond to this part of the facts charged, such as the police interrogation protocol, field photo, etc. of E, but in light of the fact that in this court, the witness E could not be seen as a face-to-face of the Defendant walking with a chemical part, and that the chemical part in the process of physical fighting could have been broken, it is insufficient to recognize that the Defendant, with the intention to destroy and damage property, has broken the chemical part by walking the chemical part.

There is no evidence to prove otherwise.

Therefore, since the damage of property among the facts charged in the instant case constitutes a case where there is no proof of crime, the judgment of innocence is rendered under the latter part of Article 325