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(영문) 의정부지방법원 고양지원 2017.03.24 2017고정154
폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On February 28, 2016, at around 03:40, the Defendant took a bath to the victim E (36 years of age, south) who is a customer at the Seoyang-gu Seoul Underground 1st floor, Seoyang-gu, Seoyang-gu, 2016. On several occasions, the Defendant used the victim’s face and head in drinking and drinking and hand, and used the victim’s face and head in drinking and drinking, depending on the defect that the said victim intends to come out of the singing room, and used the victim’s face at the time of going out of the singing room, going out of the singing room, going out of the singing room, going out of the singing room, and was bucking to the victim’s hand, who is an employee of the singing room (20 years of age, south), and assaulted the victim at 1 time with the face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Application of Acts and subordinate statutes of a photograph (E);

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act, the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. On February 28, 2016, the summary of this part of the facts charged: (a) the Defendant assaulted three times the victim’s sub-parts of the lower portion on the ground that the Defendant, at around 03:40 on February 28, 2016, the Defendant used the toilets from “D The first floor of the Seoyang-gu Co., Ltd. C” to repair the singing machines, which was an engineer for repair of the singing machines (52 years and South).

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the same Act. Since it is acknowledged that the victim B expressed his/her intent not to punish the defendant on March 21, 2016, prior to the instant indictment, it constitutes a case where the procedure for instituting this part of the facts charged is null and void in violation of the provisions of the Act.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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