logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.07.11 2013고정1232
폭행등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On April 2, 2013, the Defendant, at around 21:40, obstructed the victim’s main business operations by force by leaving the victim’s 20 minutes of pact, such as taking the victim’s hump’s hump, operated by Gangdong-gu Seoul Metropolitan Government Victim C (n, 52 years of age), “Is the victim’s hump, who would not sell alcohol to B,” with a large voice that “Is the victim’s hump, who would not sell alcohol to B,” and neglecting it, and taking the above hump’s hump to the customer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes concerning investigation reports and hearing of statements by witnesses;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

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

1. Around April 21, 2013, the Defendant, among the facts charged in the instant case, committed assault against the victim on the ground that he did not sell alcohol to the Defendant from the Dhop operated by the Victim C (Y, 52 years old) located in Gangdong-gu Seoul, Gangdong-gu, Seoul, while taking the victim’s desire, breathing the breath by hand, skeing the breath, and pushing the breath, etc.

2. As to the above facts charged, it cannot be prosecuted against the victim's explicit intent under Article 260 (1) of the Criminal Act. According to the records, the victim can be acknowledged that he/she submitted a written agreement to the effect that the defendant and the defendant would not be punished after institution of the prosecution of this case. Thus, the victim's expression of wish not to prosecute a case which cannot be prosecuted against the victim's explicit intent or the declaration of wish to punish is withdrawn. Thus, the prosecution is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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

arrow