logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2014.10.07 2014고정1301
재물손괴등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

At around 01:40 on March 21, 2014, the Defendant: (a) committed a dispute with the victim E on the ground that the victim E met another male, and (b) destroyed property by leaving the unobserver 3 smartphones on the floor of the market value, which is the victim’s ownership.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The part concerning the rejection of prosecution under Article 59 (1) of the Criminal Act (such as the fact that the defendant does not have any particular criminal record and the victim does not want the punishment of the defendant);

1. Of the facts charged in the instant case, the summary of the assault was that the Defendant, at around 01:40 on March 21, 2014, committed assault against the victim E (here, 19 years of age) on the ground that the victim E (here, her female) was only another male, and the victim’s bridge was coming out of the victim’s head, her hand, led the victim’s face from the above main point, her hand, her hand, led the victim’s face twice by drinking, and assaulted the victim at one time on the victim’s face on the hand.

2. In light of the records, it is clear that the victim E has withdrawn his/her wish to punish the Defendant on October 2, 2014, which was the date the instant prosecution was instituted, as a crime falling under Article 260(1) of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. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

arrow