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Reasons
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(영문) 서울중앙지방법원 2015.05.01 2015고단1113
폭행등
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 30, 2015, at around 01:10, the Defendant took a bath to the victim D (55 years of age) who is the vice head of C Station, “I ambling, ambling, and gling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, etc.” on the ground that I ambling inside the subway train in Gangnam-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

1. Relevant Article 311 of the Criminal Act concerning the facts constituting an offense and Article 311 of the Selection of Punishment Act;

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

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

1. On January 30, 2015, at around 01:10, the Defendant: (a) committed assault on the grounds that F (20) was discovered in the train in the subway train of “C Station” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and that he was broken to get the Defendant to get the Defendant off; (b) the Defendant was tightly pushed the F and was boomed on one occasion at the left side.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the agreement received on February 17, 2015, the victim can recognize the fact that he/she withdraws his/her intent to punish the defendant after the institution of the instant indictment. Thus, the indictment against the above facts charged is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

It is judged as above for the above reasons, such as the fact that the defendant is against the reason for sentencing, the degree of damage of this case, and the defendant's absence of the same criminal records.

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