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(영문) 서울북부지방법원 2019.05.22 2018고단3694
폭행등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 11, 2018, at least 22:50, the Defendant: (a) at the packaging pentel run by the victim D prior to the exit No. 5 of the C Station in Dongdaemun-gu Seoul, Dongdaemun-gu, the victim tried to report the Defendant to the police with his/her mobile phone; (b) in order to prevent this, the victim’s cell phone was deducted from the victim’s cell phone, and damaged the mobile phone cases worth approximately KRW 23,000, the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photograph damage to property;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of 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. At around 22:50 on July 11, 2018, the Defendant, at least 22:50, assaulted the victim on his/her hand at one time at his/her top, after hearing the victim’s words “drawly sloping” from the victim’s victim D, which is in front of the exit No. 5 in Dongdaemun-gu Seoul, Dongdaemun-gu.

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

However, according to the agreement submitted to this court, it is clear that the victim expressed his/her wish not to punish the defendant, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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