beta
(영문) 서울남부지방법원 2016.09.09 2016고정1480

폭행등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a non-permanent employee, and the victim 1D (the age of 62), 2) C (the victim 59) is a security guard of the E basin underground shopping center, and the Defendant is not aware of it. The Defendant, around April 12, 2016, is under the influence of alcohol in the passage of the E basin underground shopping center No. 4 in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, on April 18:10, 201, 1) and 2) , “this erogen, the security guards, grow up to the notice;

In other words, it was difficult to avoid disturbance for about 20 minutes at a place where the public passes, such as taking a bath, such as "Iss children".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Article of the Criminal Act, Article 260 (1) (the point of violence) of the Criminal Act, Article 3 (1) 20 (the point of disturbance of drinking alcohol) of the Punishment of Minor Offenses Act, and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On April 12, 2016, the Defendant: (a) around 18:10, 2016, at the E Station Underground Shopping Center No. 4, located in Yeongdeungpo-gu Seoul Metropolitan Government F, e.g., e., the victim 2) “Abrop, e.g., security guards, who grow up in line with the instant sentence;

Before being able to take a bath such as "Irmos I", the breast part was blue with the right part, and the breast part was blue with the right part.

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. As the victim C withdraws his/her wish to punish the Defendant on August 25, 2016, this part of the facts charged is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.