(영문) 서울동부지방법원 2014.03.27 2013고단3097

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(영문) 서울동부지방법원 2014.03.27 2013고단3097

폭행등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 22:30 on October 21, 2013, the Defendant insultd the victim by openly talking the victim with the victim, who was a police officer (50 years of age) called the victim's arms on the ground that the victim D (50 years of age) who was called out after receiving a report on the cost of cutting off a bicycle, due to the Defendant's getting on and getting on a bicycle, does not bring the victim's horses into his own horses, and “I see see the victim’s horses “I am on the part of his arms” from the victim of the above C, etc., in the presence of the above C, etc.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Application of Acts and subordinate statutes on police statements made to D and C;

1. Article 311 of the Criminal Act applicable to the crimes;

1. Articles 70 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 in the part dismissing the prosecution of the provisional payment order under Article 334(1) of the Criminal Procedure Act is as follows: around 22:30 on October 21, 2013, the Defendant assaulted the victim C (the age of 33) who is driving a vehicle on the street in the front of Gwangjin-gu Seoul Special Metropolitan City, while taking a bicycle, and taking the vehicle in the city, and taking the victim’s bath while taking the victim’s bath, and booming the head with his hand.

The above facts charged are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, it can be acknowledged that C, the complainant, expressed his/her intention not to prosecute the defendant on November 18, 2013, after the prosecution of this case. Thus, the prosecution against the defendant is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

참조조문

유사 판례

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