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(영문) 서울동부지방법원 2017.08.31 2017고단393
폭행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 19, 2016, at the defendant's house located in Gangdong-gu Seoul Metropolitan Government 102 around 21:05, the defendant destroyed the 1 television set up in the house due to the defendant's son's delayed viewing of the television at the time of late time, thereby damaging one television set up in the market price owned by the victim D, who is the defendant's father and descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to TV photographs with a shouldered amount;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

The part dismissing the prosecution that the damaged person who has the same record as the defendant has not been punished for the defendant.

1. Around January 24, 2017, at around 14:20, the Defendant, under the influence of alcohol at the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government C 102, was able to see whether the Defendant was frighten in his house without any particular reason, and the Defendant’s act was prevented, i.e., the Defendant’s wife D (the age of 23) who is the Defendant’s father, who was next to the Defendant, was frightening the Defendant’s left arms. The Defendant frighted the victim’s head, frighted the victim’s head, frighted the victim’s back head, frighted the victim’s body, and frighted the victim to walk the victim’s face, hot body, and walked the victim’s body in several times.

2. The judgment is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act. Since the victim, after the institution of the instant indictment, expressed his/her wish not to punish the Defendant, the prosecution against assault among the facts charged in the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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