(영문) 인천지방법원 2016.11.29 2016고단6052

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.11.29 2016고단6052

폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of “D” in Nam-gu Incheon Metropolitan City, and the victim E (year 45) is the owner of “F” in this singing.

On September 3, 2016, at around 00:20, the Defendant used the victim’s chest by hand on the ground that the denial of the Defendant was against the customer who wanted to enter the said F, and that the victim had expressed a desire to the denial of the Defendant, and assaulted twice the victim’s chest on the ground that the victim expressed a desire to the denial of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The fact that there are many kinds of records that the defendant was punished for the same kind of crime in sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, or that the defendant led to the confession and reflect of the crime, and that the victim expressed his/her intent not to be punished in the future under the condition that he/she does not interfere with his/her business in the future, in order to recognize that the victim expressed his/her wish not to be punished or withdrawn his/her wishing to punish under the condition that he/she does not interfere with his/her business, it shall be expressed in a way that the victim's true will is apparent and reliable (see, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004). If the victim's expression of intent not to punish the victim's conditional non-compliance with punishment is recognized, it shall not be allowed to express the victim's intent of conditional non-compliance with punishment because the

On the other hand, the victim does not want punishment under the condition that the agreement is not found in the future. If the victim interferes with the business in the future or in the next place, this would not be applicable.

참조조문

참조판례

-대법원 2004. 6. 25. 선고 2003도4934 판결

유사 판례

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