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(영문) 인천지방법원 2020.10.21 2020고단4869

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 November 11, 2020, the Defendant requested the victim C to visit a customer as a “D” business operated by the victim C from around 19:30 to 19:55, but the victim refused to visit the business; however, the victim was suffering from the beer disease and the beer disease at the time of drinking, and obstructed the victim’s legitimate business.

Summary of Evidence

1. Application of Acts and subordinate statutes to internal investigation reports (Evidence Nos. 5) in preparation of the defendant's legal statement C and internal photographs of attached business establishments;

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 on November 1, 2020, from around 19:30 to around 19:55, the Defendant: (a) visited the victim C to the customer within the “D” business operated by the victim C; (b) however, the victim refused to do so; and (c) assaulted the victim’s head debt twice.

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.

According to the records, on January 20, 2020 after the institution of the prosecution of this case, a written agreement was submitted by the victim on January 20, 2020 that the victim is not subject to the punishment of the defendant, so this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6