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(영문) 광주지방법원 2021.01.15 2020고정692
재물손괴등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 14, 2020, the Defendant: (a) around 18:40 on May 14, 2020, the Defendant: (b) damaged the said mobile phone to the extent of repair cost of approximately KRW 300,000,000 to the extent that the victim D was about to report to the police with his own mobile phone; (c) was able to get off his hand phone, and damaged the cell phone owned by the victim by destroying the bottom of the cell phone; and (d) was damaged by approximately 300,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes of D;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On May 14, 2020, the Defendant assaulted the victim’s face at three times, she was off off, and walked the victim’s bridge with a view to the moving of the victim D ( South, 21 years of age) who is a volunteer in the moving workplace and the stoba, within the scope of C victim C, which is located in the Southern-gun, Southern-gun, Southern-gun, 18:40 on May 14, 2020.

2. Determination is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the clearly expressed will of the injured party in accordance with paragraph 3 of the same Article.

The victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on November 29, 2020 after the prosecution of this case. Thus, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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