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Reasons
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(영문) 서울북부지방법원 2020.04.23 2020고단84
폭행
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 14, 2019, at around 03:50, the Defendant used the face of the victim E (32 years of age) who was under control of B and stopped in front of the exit area of 802, Jung-gu, Seoul, Jung-gu, Seoul, to pay the taxi fee to B in D-si operated in front of the exit area of 802, and used the taxi fee to take twice for drinking without any justifiable reason while getting off B from si, while continuing to take a time fee, the Defendant assaulted B to take the face of the victim E (32 years of age) who was under control of B.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (CCTV verification), closure photographs;

1. Application of Acts and subordinate statutes to written E;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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. Around 03:50 on September 14, 2019, the Defendant: (a) paid the victim B a taxi fee to the victim B within a D taxi operated by the victim B (74 years of age); and (b) took the face of the victim C (32 years of age) who was an offender who continued to take a time fee from the cab to take away from B without any justifiable reason; and (c) took the face of the victim C (32 years of age) who was an offender who was fright to take a time fee to drinking.

2. All of the facts charged are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the express will of the victims under Article 260(3) of the Criminal Act.

However, according to the records, it is recognized that the "Agreement" submitted to this court on March 19, 2020, which expressed the victims' intention not to be punished, after the prosecution of this case.

Therefore, each part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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