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Reasons
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(영문) 대전지방법원 2014.06.11 2013고정2176
폭행등
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1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Notwithstanding that the Defendant did not pay meal expenses that he/she has to pay, the Defendant was dissatisfied with the Defendant’s passage of the victim C (here 53 years of age) who operates a restaurant “B” to the other construction site that “the Defendant does not pay the meal expenses after having paid the food expenses.”

At around 20:40 on July 16, 2013, the Defendant: (a) around 20:40, at the B restaurant located in Da, and (b) during dialogue with the victim, the Defendant d's desire to talk about himself/herself and his/her mother to him/her, he/she saw up to 2:3 times, with an Aluminum pipe of the market value owned by the victim at a level of 65 cm in length, which he/she had a view to his/her and his/her mother.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Application of relevant reference materials (16 pages of investigation records) Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

3. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On July 16, 2013, at around 20:40 on July 16, 2013, the Defendant used the victim’s head, 2:3 times, and threatened the victim’s head, 2:3 times, with an Aluminium pipe in the length of 65 cm, which he/she had a bath to himself/herself and his/her mother, from the victim’s conversations with the victim and his/her mother.

2. The crime of assaulting is a crime that cannot be prosecuted against the victim’s express intent (Article 260(1) and (3) of the Criminal Act). Since the victim C expressed his/her intent not to prosecute the defendant on February 10, 2014, after the prosecution of this case, the victim C expressed his/her intention not to prosecute the defendant, the prosecution against the above assault is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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