(영문) 대구지방법원 김천지원 2013.11.06 2013고단1282

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(영문) 대구지방법원 김천지원 2013.11.06 2013고단1282

폭행등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 5, 2013, at around 00:05, the Defendant reported that the victim D was able to get the abolition of the apartment house in front of the Guro-si Seoul Metropolitan Government, and had the victim’s face her face her being pushed over over and her to her softened without any justifiable reason, and had the victim’s face her face her face her face at one time at a drinking time, and damaged the victim’s her bend floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (the statement of the injured party's excursion ship);

1. Application of statutes on site photographs;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has been subject to a heavy number of punishment until recently due to violent crimes. In particular, on February 16, 2012, there was a record of having been sentenced to a suspended sentence of two years for the August of imprisonment due to the obstruction of performance of official duties, etc., and on April 1, 2013, there was a record of being sentenced to a fine of two million won as a result of obstruction of business affairs, and even on the fact that the Defendant committed the instant crime, it is necessary to punish the Defendant with strict punishment.

In addition, the defendant's age, character and conduct, environment, etc. shall be determined by considering the favorable circumstances in which the victim agreed with the victim after the prosecution and the victim does not want the punishment of the defendant.

Public Prosecution Rejection Parts

1. At the time and place of the facts charged, the Defendant reported that the victim D was deprived of the abolition of the facts charged, sent the victim’s face at one time in drinking, without any reason, and assaulted the victim’s face.

2. The above facts charged are crimes 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.

However, after the prosecution of this case, the victim wishes to punish the defendant.

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