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(영문) 수원지방법원 성남지원 2018.05.17 2018고정299

폭행등

Text

Defendant shall be punished by a fine not exceeding three hundred thousand won.

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

Reasons

Punishment of the crime

The defendant and the victim B are women relations.

On November 29, 2017, the Defendant damaged the victim B’s vehicle C apartment 104-107, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, 2017, which was disputing with the victim, by reducing one cellphone in 700,000 won when the victim’s market value is 70,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The punishment shall be determined in consideration of the fact that there is no other record of crime except for the punishment of a fine once the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant is not subject to punishment under an agreement with the victim, the degree of damage, family relationship, etc.;

Rejection of Public Prosecution

1. The Defendant is the husband of the victim B, and is the husband of the victim D.

On November 29, 2017, at around 22:00, the Defendant brought a dispute with the victims and moneys at around 104:107, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, 2017, and brought a assault on the face of the victim D on the face of the victim B by drinking the victim B's face and head by hand, and assaulted the victim D's face by drinking and hand on the face of the victim D.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (1) and (3) of the Criminal Act;

B. On May 8, 2018, after the institution of the instant case, a written agreement stating the victims’ intention not to punish the victims was submitted.

(c) Dismissal of public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;