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(영문) 대전지방법원 논산지원 2018.11.20 2018고단395
폭행등
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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 June 9, 2018, the Defendant: (a) around 02:10, the Defendant, while drinking alcoholic beverages at C points located in Seosan-si B, was frighting to the D (54 aged) who is a customer of the next table, without any justifiable reason; (b) twice the face of D by drinking; (c) spiting the D’s chest on the face; (d) spiting it, brining it by brining it, and booming it by taking a bath, thereby obstructing the victim’s main store business by force by avoiding the disturbance of about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. On-site photographs;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the 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. On June 9, 2018, the Defendant: (a) around 02:10, the Defendant d'(54) of the facts charged, when drinking alcoholic beverages at the C main points located in Seosan City, he/she d'bling off the victim's face twice the victim's face; (b) spits debling the victim's chest on the victim's face, and assaults the victim's chest with both hands.

2. This part of the facts charged is an offense 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.

On July 20, 2018, the victim, after filing the instant prosecution, submitted a written application for a non-prosecution of punishment that he/she does not want to be punished against the defendant to this court.

This part of the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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