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(영문) 수원지방법원 안양지원 2020.01.31 2019고정534
폭행등
Text

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

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

Reasons

Punishment of the crime

around 21:50 on April 5, 2019, the Defendant, “2019 High 547”, at the “D” restaurant operated by the Victim C (Nam, 52 years of age) located in the Guang-si B, had the victim and the customers who take meals in the restaurant without any reason without the influence of alcohol, and interfered with the victim’s business operation for about five minutes by reporting a new call inside the restaurant.

The facts charged shall be corrected ex officio on the basis of the adopted evidence to the extent that it does not impede the defendant's exercise of his/her right to defense.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing field CCTV images;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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 March 17, 2019, the Defendant: (a) committed assault on the part of the victim G, on the ground that he was reporting the urine in front of the “F” in the Gu E in Ansan-si around 03:05 on March 17, 2019; and (b) the victim G dumpeded the victim’s dump and dump.

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. The victim expressed his intention not to punish him after the prosecution of this case

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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