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(영문) 부산지방법원 2015.03.19 2014고단9664
폭행등
Text

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

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

Reasons

Punishment of the crime

On August 4, 2014, at around 12:00, the Defendant: D apartment 103 Dong 1301, the victim C residing in Busan, Busan, but failed to enter the digital seat of the victim’s residence, and thereby, damaged the fishing village owned by the victim by cutting down the digital fishing village by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. On August 1, 2014, around 23:00, the Defendant: (a) committed assault on the part of the victim, who was in de facto marital relationship with the victim C, located in Busan Jin-gu, Busan, on the ground that the victim, who was in a de facto marital relationship prior to the victim’s 103 Dong 1301, located in Busan, did not go against himself/herself even though he/she did so; and (b) assaulted the victim by hand on the part of his/her hand.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Declaration of non-existence of punishment: Withdrawal of complaint and written agreement on September 22, 2014, which was submitted on October 7, 2014 after the institution of this case was instituted.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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