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(영문) 서울북부지방법원 2014.04.08 2014고정475
폭행등
Text

The sentence of sentence shall be suspended for the defendant.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On December 17, 2013, at around 19:45, the Defendant damaged the property owned by the victim, such as, in the D restaurant operated by the Victim C (35 years of age) located in Seoul Special Metropolitan City, Nowon-gu, and, under the influence of alcohol, ask other customers to leave the string, the victim was able to restrain it, and the victim was able to have a number of the strings on the floor at the entrance of the above restaurant at the entrance of the restaurant, and 2-3 strings on the floor in the restaurant, and 2-3 strings on the strings of the strings at the entrance of the restaurant, and then damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Supreme Court Decision 2001Do1488, Apr. 1, 201

1. Around December 17, 2013, the Defendant: (a) 19:45 on December 17, 2013, the summary of the facts charged was assaulted twice as a drinking to the left part of the victim’s left boundary, such as the Defendant, within D operated by the Victim C (Age 35) located in Seoul Special Metropolitan City, Nowon-gu; (b) the Defendant, under the influence of alcohol, demanded the other customers to leave the bar.

2. The above facts charged cannot be punished against the express intent of the victim under Article 260(3) of the Criminal Act. According to a written agreement bound in the records, the victim C may be acknowledged on February 25, 2014, which was after the prosecution of this case, as the victim C withdraws his/her wish to punish the defendant. Thus, this part of the indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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