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(영문) 서울중앙지방법원 2017.11.30 2017고단7091

폭행등

Text

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

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

Reasons

Punishment of the crime

1. On August 28, 2017, the Defendant of the Punishment of Minor Offenses Act (hereinafter “The Punishment of Minor Offenses Act”), around 16:50 on August 28, 2017, she spits, spits, and takes a bath on the floor of the drunk Police Station, which is a government office, and was unable to bring a disturbance for about 40 minutes, such as “the police officer who belongs to the said district group, must have a chief prosecutor, shots,” and “the police officer who belongs to the said district group.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (verification of cellphone images);

1. Relevant provisions of the Act concerning the facts constituting the crime, and the selection of fines under Article 3 (3) 1 of the Punishment of Minor Offenses Act;

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. From August 28, 2017, the Defendant committed assault among the facts charged in the instant case, around 16:20 on August 28, 2017, the Defendant: (a) under the influence of alcohol from “D-based multi-line room” operated by the Victim C (35) located in Gwanak-gu, Seoul Special Metropolitan City; and (b) the victim said that there was no female contact loan in the said multi-line room; (c) on the part of the victim, the Defendant assaulted the victim at one time by her hand at the victim’s kbellum part.

2. The offense of violence on the market shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 260 (3) of the Criminal Act as a crime falling under Article 260 (1) of the same Act;

In this regard, the victim C expressed his/her intention not to be punished for the defendant after filing the instant prosecution.

This part of the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.