beta
(영문) 서울남부지방법원 2013.06.11 2013고단1264

폭행

Text

Defendant

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

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

Defendant

B around 01:10 on December 28, 2012, around 01:0, at “Ejuk” managed by the victim D in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, he collected two microphones on the ground that A was the victim’s singing delivery, but did not comply with the victim’s singinging, and destroyed the said microphones and tables as auxiliary to the market price.

Summary of Evidence

1. Defendant B’s legal statement

1. Some of the suspect examination protocol of Defendant B by the prosecution (including the substitute part)

1. Application of each police protocol of statement to D;

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

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

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

1. Around December 28, 2012, the Defendant: (a) 01:10 on December 28, 2012, the summary of the facts charged: (b) the Defendant, under the influence of alcohol at “Eju” managed by the Victim D (V, 53 years of age) located in Yangcheon-gu Seoul Metropolitan Government, “I am fright and fright with the victim”; (c) assaulted the victim’s chest on his hand on the hand.

2. This part of the facts charged is a crime falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, the victim can recognize the facts that he/she has withdrawn his/her wish to punish the defendant A after the institution of the instant prosecution. Thus, the prosecution against the defendant A is dismissed in accordance with Article 327 (6) of the Criminal Procedure