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(영문) 창원지방법원 진주지원 2015.04.22 2015고단113
폭행등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 23, 2014, around 01:27, at the main point of "C" located in Sacheon-si B, and received a report for the reason of unpaid drinking value, etc., the Defendant publicly insultingd the victim by openly insulting the victim, on the job where the victim D, who is the circumstances belonging to the Gacheon Police Station, was asked about the circumstances of the case, etc., and the business owner of the above main point, E, etc., was located.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. Although the defendant has the same criminal records and multiple criminal records with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, considering the following factors: the defendant reflects the crime of this case; the defendant has no criminal records; the defendant has no criminal records; and the records and arguments of this case, such as the age, character and conduct of the defendant, and the circumstances of this case, the punishment shall be determined as ordered.

Public Prosecution Rejection Parts

1. On August 23, 2014, the Defendant: (a) around 01:27, the main point of the charge was “C” operated by the victim E in Sacheon-si; and (b) when the Defendant was requested by the victim to pay the alcohol value due to failing to pay the alcohol, the Defendant’s hand-on part of the head of the victim was flicked on one occasion and assaulted the victim.

2. The facts charged in this part of the judgment 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. Since the victim expressed his/her wish not to prosecute September 29, 2014, which was after the instant prosecution was instituted, the prosecution on this part is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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