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(영문) 인천지방법원 2018.07.05 2018고정1407
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 30, 2018, at around 23:37, the Defendant, when disputing and disputing the workplace club fee and dubage in front of the Namdong-gu Incheon Metropolitan City, Namdong-gu C, he/she misleads the victim D (14 tax) who was passing by the Defendant to photograph the above situation, and assaulted the victim’s face at one time by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. Around April 30, 2018, the Defendant: (a) committed assault, such as scambling, etc. of the victim B in front of the Southern-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) around March 30, 2018.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

C. The expression of intention not to punish: On May 24, 2018, after the institution of the instant indictment, a written agreement that contains the victim’s expression of intention not to punish the victim was made.

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

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