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(영문) 서울북부지방법원 2020.02.07 2019고단2141

폭행

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the former president and the victim C(69 years of age) president.

Around 07:30 on March 4, 2019, the Defendant assaulted the victim, by hand, on the ground that there is a problem in the method of operation of the victim's club in the Edialton area behind D Apartment-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Each investigation report (Chhoe E, F, G, and H telephone conversations) asserts that the public prosecution of this case should be dismissed since the defendant and the victim agreed to do so without any condition on March 24, 2019. According to the records, the defendant has been submitted to this court a photograph of the document “Agreement” written as of March 24, 2019 between the defendant and the victim. However, “the clearly expressed intention of the victim” under Article 260(3) of the Criminal Act is a litigation act in which the victim did not wish to punish the offender against the court or investigation agency or withdraws the wish to punish the offender, and the victim’s genuine intent is expressed in such a way as to believe and trust, even if the above document was prepared between the defendant and the victim, it is difficult to view that the victim did not immediately express his/her intent to punish the defendant or investigation agency, and in light of the fact that the victim did not express his/her wish to punish the defendant, the victim cannot be seen as having expressed his/her wish to the court or investigation agency.

1. Article 260 of the Criminal Act applicable to the crime and the choice of punishment.