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(영문) 부산지방법원 2015.02.10 2014고정5366
폭행등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has resided for about 10 years in his residence with six households in Busan-gu C.

피고인은 2011. 9월 중순 시간 불상경 주거지 대문 앞에서 술에 취하여 주거지 주인 피해자 D이 소유하는 대문(가로 약 1.5미터, 세로 약 2미터, 철 재질)을 발로 차 부숴 이를 새 대문으로 바꾸게 하는 등 시가 미상의 재물을 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Facts charged;

A. On May 3, 2014, at around 22:00, the Defendant, under the influence of alcohol in front of the residential gate located in Busan, the Defendant: (a) expressed that “a door is opened as soon as possible; and (b) the victim E (Nam, 70) of the first floor resident in the same residential area, who opened the door, opened the gate late; and (c) expressed the victim’s desire to “I am am hypt and open the door soon as soon as possible; and (d) assaulted the victim’s arms and face on the hand.”

B. On September 15, 2014, the Defendant was above C at around 21:00.

Under the influence of alcohol in front of the place of residence described in the port, the victim expressed the gate, “hing the door as soon as possible,” and expressed that the victim E opened a door to the door, “Choe e.g., fe., fe., fe., fe., f., f.,” and assaulted the victim’s right shoulder.”

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the records, the victim does not wish to punish the defendant after the prosecution of this case.

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