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(영문) 인천지방법원 2015.05.22 2014고정4317
과실치상
Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A, around 12:00 on July 29, 2014, found in the "F" office in Gyeyang-gu Incheon Gyeyang-gu Incheon, demanded the price for supply to the victim B, and dices by holding approximately 40 minutes of the household volume office in front of the entrance.

Accordingly, the defendant interfered with the legitimate work of the victim by force.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. Application of the Acts and subordinate statutes on witness B’s statutory statement;

1. Article 314 (1) of the Criminal Act applicable to the crime;

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

1. Article 334(1) of the Criminal Procedure Act concerning the rejection of prosecution under the order to make provisional payment (Defendant A)

1. Summary of the facts charged

A. From among the facts charged against Defendant A, Defendant A committed an act of assaulting in the facts charged as indicated in the judgment of the court below, Defendant A entered the victim B’s office on July 29, 2014 to the victim B’s office on his own, and committed an assault over the victim’s humping and humping.

B. Defendant B, around 14:45 on July 29, 2014, was assaulted against Defendant B before the president’s room in Gyeyang-gu Incheon Gyeyang-gu, “F” and was punished for vagabonds.

In such cases, the defendant did not neglect his/her duty of care to confirm whether he/she is a person in front of the door and close the entrance.

On the wind that the victim's strict fingers in the door close with the door due to these negligence, the defendant suffered an injury, such as a mouth that requires treatment for about six weeks, to the victim.

2. Determination

(a) Crimes of non-compliance with an intention: Articles 260 (3) and 266 (2) of the Criminal Act;

B. On April 21, 2014, after the prosecution of the instant case, the victim B expressed to the Defendant A, and the victim A expressed his intention not to impose punishment against the Defendant B.

(c) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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