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(영문) 서울남부지방법원 2020.05.07 2019고단6318
과실치상등
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

1. The Defendant, as a member of the Gangseo-gu Seoul Metropolitan Government Association, belongs to the “Diplomatic Emergency Countermeasures Committee” against E who is dissatisfied with the position of the F (53) pastors, and the victim F (53) is a teacher supporting E.

At around 18:00 on October 14, 2018, the Defendant assaulted the victim at least three times by generating the parts of the victim F's body in the process of fighting the body that helps the other members of the administrative office due to the use of the administrative office.

2. On April 7, 2019, the Defendant damaged property by setting up a door on the passage in which the members supporting E pastors enter the data storage room of the first floor and leaving the door unfolding with the wind, on the ground that the above door cannot enter the door, thereby displaying the door, thereby damaging property amounting to KRW 1,030,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement related to F and B;

1. Written statement of G;

1. Application of Acts and subordinate statutes to photographs and estimates of damaged articles;

1. Article 260 (1) of the Criminal Act applicable to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (Aggravated Violence, Selection of Fine). Article 366 (Aggravated Punishment of Property Damage and Election, Selection of Fine)

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

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

1. Of the facts charged in the instant case, the gist of assault against the victim B among the dismissal of prosecution under Article 334(1) of the Criminal Procedure Act is as follows: (a) around October 14, 2018, the Defendant assaulted the victim with the other party members at the above D D D D D D D D D D D D D D D D's office on one occasion in the process of fighting with the latter by using it as a matter of use at the D D D's office.

The crime of assault under Article 260 (1) of the Criminal Act, which constitutes the facts charged, cannot be prosecuted against the will expressed by the victim under Article 260 (3) of the same Act. The victim B shall be the case.

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