(영문) 서울동부지방법원 2016.04.28 2016고단289

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.04.28 2016고단289

재물손괴등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 5, 2015, at around 22:45, the Defendant: (a) attempted to purchase tobacco in the “D Et” operated by the Victim C (64 tax) located in Gwangjin-gu Seoul Special Metropolitan City, but, on the ground that the victim was not able to respond with it, damaged the morale 40,000 won of the market value, which included a disturbance, to the floor by breaking it up on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Article 366 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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

1. Of the facts charged in this case, the part dismissing the prosecution of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act concerning the charge of assaulting the victim C at the above time and at the above location, the victim C put the victim into the floor by hand on the floor because the defendant was demanding compensation for the damage of the fraud, and the victim E (the victim E (the victim E, who is the wife of the above C) who continued to be employed by the above C (the defendant aged 71) committed assaulting the victims by keeping the victim from escaping from the wall. However, this is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim's will expressed in accordance with Article 260(3) of the Criminal Act.

However, on February 2, 2016, after the prosecution of this case, the “agreement” was submitted to this court, stating the intent of the victims who do not want punishment against the defendant.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

참조조문

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