beta
(영문) 수원지방법원 평택지원 2014.05.14 2013고단1458 (1)

폭행

Text

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

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

Reasons

Punishment of the crime

On September 4, 2013, the Defendant: (a) around 02:15, the victim E (the 23 years old, female) who fested alcoholic beverages on the side tables within the main point of “D” located in Pyeongtaek-si C; and (b) the Defendant flicked to the victim E (the 23 years old, female).

Accordingly, the victim had the suspect who was on the side of the victim's desire to diversize the defendant, and assaulted the left side of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 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. On September 4, 2013, at around 02:15, the Defendant committed assault to the victim’s face level five times on the floor of hand, while she snicked from drinking house to frank out, and she fling out the victim B (the age of 23) of E, within a week of “D” located in Pyeongtaek-si C.

2. The above facts charged are crimes 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. According to the records, the victim B withdraws his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.