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Reasons
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(영문) 의정부지방법원 2014.02.10 2013고단3375
상해등
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A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 02:30 on April 28, 2013, the Defendant: (a) ordered D’s drinking at the main point of the “E’s Operation D’ in Yangju-si, Gyeonggi-do; (b) did not provide D’s drinking on the ground that the business was completed; (c) assaulted D’s drinking at the main point of the above main station; and (d) inflicted an injury on the victim F.F. (57) caused the victim’s face when she was f.o.d., her drinking at the victim’s face, which requires approximately 14-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. A written diagnosis of injury;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal investigation records);

1. Relevant Article 257 (1) of the Criminal Act and the choice of a fine for the crime;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. At around 02:30 on April 28, 2013, the Defendant ordered the victim D(E) to provide alcohol to the victim D in Yangju-si, Gyeonggi-do, on the main point of “E” in the operation of the victim D(53 years of age) located in Yangju-si, but did not provide alcohol on the ground that the victim finished his/her business, thereby assaulting the victim D by sprinking the victim’s breath with the breath’s bom.

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. According to the records, since a written agreement was submitted on December 27, 2013, which was after the institution of the instant indictment, stating the victim’s intention not to be punished against the defendant, this part of the indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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