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(영문) 수원지방법원 안산지원 2019.01.18 2018고단3815
폭행
Text

Defendant

B shall be punished by a fine of 50,000 won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

1. Defendant B

A. On September 14, 2018, the Defendant damaged the victim’s property by taking the 500cc beer residues in the market price under the 's market price payment due to the reason of the fact of the fact of the fact of the fact of the fact of the fact of the fact of the fact of the fact of the fact of the damage within 01:00, the Defendant damaged the victim’s property by making the fact of the fact of the fact of the fact of the damage.

B. The Defendant, at the date, time, and place under the preceding paragraph, assaulted the victim by means of taking the head of the Victim G, who was the owner of the business, upon the occurrence of C and Silvi for the foregoing reasons.

Summary of Evidence

1. Defendant B’s legal statement

1. Statement of the police statement regarding C;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act and Article 266 of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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. Facts charged;

A. Defendant A’s assault committed assault on September 14, 2018, Defendant A committed assault against the victim’s chest who is to calculate the drinking value within the “F point of the operation of the Victim C in Ansan-si E” located in Ansan-si on September 14, 2018.

B. Defendant B’s assaulted Defendant B, around 01:0 on September 14, 2018, on the part of Defendant B, by destroying property such as having a beer fright in the “F point in the operation of the Victim C” located in Ansan-si, Sinsan-si, by damaging the property, and committing assaulting the victim C with a view to using the s the s themee lease material in the victim C, with his hand, s the said victim’s chest and knife the head, etc., and assaulting the victim D head, etc.

2. Determination

(a) Crimes of non-compliance with an intention: Article 260 (3) and (1) of the Criminal Act;

B. After the prosecution of this case, the above victims expressed their wish not to punish the Defendants.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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