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(영문) 제주지방법원 2021.02.04 2020고정567
폭행등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 23:40 on May 15, 2020, the Defendant: (a) observed and breaking up things in E ( South, 49 years old) which are the former husband of the land in the “D cafeteria” located in Jeju-si; and (b) assaulted, such as selling the inside of E by drinking, taking head debt, etc.

2. The Defendant damaged property by means of throwing away 1700cc residual 1, 1 glass cup and 20,000 won at the market price owned by the victim F (the South, the age of 48) who is the owner of the business on the same date and at the same place as that of paragraph 1, and destroying property by removing the unexploded light of the market price fixed in the tetra and installed in the tetra by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in F, E, and B;

1. Application of Acts and subordinate statutes to a report on the generation of goods (damage, etc.), related photographs, investigation reports (Attachment to related images, etc.), caps and photographs, investigation reports (specific amount of damage to property);

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) and the selection of a fine for the crime;

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

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

1. Part rejecting public prosecution under Article 334(1) of the Criminal Procedure Act [the amount of fine (the amount shall be reduced to more than five million won) on the summary order in consideration of the fact that the defendant agreed with the victim F after the issuance of the summary order in this case]

1. The summary of the facts charged is that the Defendant assaulted by plucking and plucking up the left hand of the victim B (the remaining, the age of 27) who is an employee to control himself at the time of committing the crime No. 1 of the facts charged as indicated in the judgment.

2. The case is a crime 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. The facts submitted by the agreement to the effect that the victims withdraw their wish to punish after the indictment of this case is significant in this court.

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