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(영문) 서울동부지방법원 2014.02.06 2013고단3328
폭행등
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The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On August 29, 2013, around 08:53, on the ground that the Defendant was frightened by assault on the front side of the police box located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant carried the fourth-class promotional flag of the city, which is installed on the back of the patrol vehicle No. 40,7710.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of investigative reports (Report on telephone conversations of a victim) Acts and subordinate statutes;

1. Relevant Article 141 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. A fine not exceeding 500,000 won to be suspended;

3. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act.

4. The part rejecting the public prosecution under Article 59(1) of the Criminal Act (including all circumstances, including the fact that the defendant is the first offender and the reflective fact);

1. On August 29, 2013, at around 07:45, the Defendant: (a) boarded a H taxi operated by the victim D on the front day of Gart in Gwangjin-gu Seoul Special Metropolitan City on August 29, 2013; (b) took a bath to the victim; (c) took the victim’s face at hand; (d) took several times; and (e) the victim took the victim’s arms on one hand.

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 According to the records, the victim D can recognize the facts that he/she has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of assault among the facts charged of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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