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(영문) 인천지방법원 부천지원 2015.09.11 2015고단2177
폭행등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and is a guest who has been in the "C" operated by the victim B (the age of 49, the female).

At around 23:30 on May 30, 2015, the Defendant, “C,” while drunkly under the influence of alcohol, and the victim “C,” and damaged the property of the victim of the market price by drinking indoor lighting in the defective business establishment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. damaged articles and photographs of damaged parts;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 366 of the Criminal Act and the choice of a fine for the crime (including the agreed point and the absence of personal injury), Article 366 of the Criminal Act;

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. On May 30, 2015, the Defendant: (a) committed assaulting the victim’s face one time due to a defect that reads “A,” while under the influence of alcohol,” “C,” and the victim was under the influence of alcohol,” on May 30, 2015.

2. This part of the facts charged is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. Since the victim expressed his/her intention not to prosecute the defendant after the indictment of this case, this part of the prosecution is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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