beta
(영문) 서울동부지방법원 2015.09.11 2015고정976

폭행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 1, 2013, from around 03:00 to around 04:40 of the same day, the Defendant was able to avoid disturbance, such as the following: (a) the victim C, operated by the victim C of the first underground floor of Seongdong-gu Seoul, Seongdong-gu, Seoul, for the reason that he was employed in a police box with a view to calculating the prices of alcoholic beverages with the victim and the victim; and (b) the Defendant was able to avoid disturbance, such as the beer and beer residues in the relevant place and the beer for the victim; (c)

Accordingly, the Defendant interfered with the victim's bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to a copy of the business registration certificate (a copy of investigation record No. 82);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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. The summary of the facts charged was around 00:50 on August 20, 2014, the Defendant: (a) in the Fing room located in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) while working against G, the husband of the former president, the victim H (36 years of age) who was in front of the former president, did not speak; and (c) took a defect of the victim’s bath; and (d) went out of the part of the victim’s flabing.

Accordingly, the defendant committed assault against the victim.

2. The facts charged in this part of the judgment shall not be prosecuted against the clearly expressed will of the victim under Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.

However, according to the trial records of this case, it can be recognized that the victim has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.