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(영문) 광주지방법원 해남지원 2015.07.02 2014고정118
폭행등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 19:30 on June 26, 2014, the Defendant: (a) was asked the victim F, who was called up after having received a report of assault against D with respect to the case, and (b) was sexually insultingd by the victim F, who was sent to the E zone belonging to the Dondo Police Station E zone; (c) without any justifiable reason, at the location where the police officer, etc. was in charge of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article 311 of the Criminal Act and Selection of Punishment for the Crime. Article 311 (Selection of Fine)

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 in relation to the assault was as follows: (a) the Defendant, at the time and place in the ruling, tried not to work from the victim D (the age of 62) by taking the horses from the house to the victim, and assaulted with the victim’s breath by taking two descendants.

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 express intent under Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to prosecute the defendant after the prosecution, the prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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