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Reasons
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(영문) 수원지방법원 성남지원 2015.09.16 2015고정486
재물손괴등
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A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 6, 2014, at around 00:25, the Defendant: (a) was under the influence of alcohol in front of Sungnam-si C, and was waiting for an agent; (b) was under the influence of alcohol on the floor; (c) was under the influence of alcohol; (d) was doing a dispute on the ground that the wife E of the victim D (year 51) was changing from the vehicle left by the vehicle; and (d) was damaged by the amount equivalent to KRW 836,000 for the repair cost of the vehicle owned by the victim by the victim, such as putting the vehicle on the top of the Flastto vehicle owned by the victim.

Summary of Evidence

1. Partial statement of witness D;

1. Statement to E by the police;

1. Blue boxes and video CDs;

1. Application of the Acts and subordinate statutes on the photographic image of black stuffs;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The rejection portion of prosecution under Article 186 of the Criminal Procedure Act, bearing litigation costs

1. The Defendant, at the time and place stated in the facts charged, committed an assault against the victim, such as the victim who gets off the string vehicle while driving the string vehicle at the parking lot and having the stringing dispute.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, which cannot be punished against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act. According to the records, since the victim submitted a written agreement to the effect that he/she does not want punishment of the defendant to this court on September 14, 2015, the prosecution against assault among the facts charged in the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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