beta
(영문) 서울북부지방법원 2014.11.25 2014고정491

폭행

Text

Defendant shall be punished by a fine of 150,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is between victim D(16 years of age) and may be known.

At around 23:00 on November 6, 2013, the Defendant thought that the victim et al. was standing in his house entrance, and assaulted the victim D's face due to drinking and drinking.

Summary of Evidence

1. C’s legal statement;

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of each statute of the D and F Statements;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Around November 6, 2013, around 23:00 on November 6, 2013, the Defendant: (a) considered that the victim C et al. was standing in his house entrance; and (b) assaulted the victim C et al. on a hand when she was able to take the body of the victim C’s clothes with her house entrance.

2. The reason for dismissing the public prosecution is that this part of the facts charged cannot be punished against the victim’s express intent under Article 260(3) of the Criminal Act. The victim C appeared as a witness in this court on October 28, 2014, which was after the prosecution of this case, and withdraws his wish to punish the defendant. Thus, this part of the indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.