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(영문) 인천지방법원 2018.07.05 2018고정1215

폭행등

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On February 13, 2018, at around 14:15, the Defendant filed a complaint with the victim D (n, 38 years old), who was a doctor in charge, for the care and treatment of the victim D (n, 38 years old) while being inside and outside of the hospital C and the second floor of the hospital C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, about 14:15, and the victimized person opened the above 7A diagnosis and treatment room for the patient, and opened the entrance into the clinic for the treatment of the patient, and walk the door for the treatment room twice due to the outbreak, and “the victim was about the year to the effect

Francing alcoholic beverages;

The term "the chief director Nara High Sea" is large, and the term "the person is not a doctor." for the patient waiting for.

Along to about 40 minutes of disturbance, such as "Aarra who received treatment", the victim interfered with the victim's patient treatment service by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes to photographs of damaged clinics and mobile phone camera photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant acknowledges and reflects the facts charged; and (b) the Defendant has agreed with the victim solely and has no record of criminal punishment; and (c) partially reduced the amount of the fine prescribed in the summary order.

Rejection of Public Prosecution

1. 공소사실의 요지 피고인은 2018. 2. 13. 14:15 경 인천 부평구 B에 있는 C 안과 병원 2 층 7A 진료실에서 안과 진료를 받던 중 피해자 D( 여, 38세) 가 피고인의 눈꺼풀을 강하게 뒤집었다는 이유로 “ 네 가 이렇게 뒤집어 깠지 ”라고 하면서 손으로 피해자의 좌측 눈꺼풀을 꼬집어 폭행하였다.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

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

C. The expression of intention not to punish: June 11, 2018, which was after the institution of the instant indictment, the letter of agreement, which included the victim’s expression of intention not to punish the victim, was withdrawn in this court.

(d) dismiss public prosecution;