Defendant

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

Defendant

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

Punishment of the crime

Defendant

A and B are mother and child relationship, and victim C(43) is the relationship with Defendant A.

Defendant

A around November 16, 2017, at the house of Defendant A, the victim was assaulted from B, and the victim was laid off on the cell phone so as to prevent the defect of recording with the cell phone, and damaged one cell phone owned by the victim in the market price by cutting off the cell phone of the victim from the cell phone to prevent the defect of recording with the cell phone.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 366 of the Criminal Act and the choice of a sentence against the crime A: The provision of Article 366 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A), the fact that there is no record of being punished for the same kind of crime, and the relationship between the Defendant and the victim, the motive and background of the crime, the means and degree of damage, and the circumstances after the crime, etc., shall be comprehensively taken into account, and the conditions of various kinds of sentencing as indicated in the text of the Criminal Procedure Act shall be determined as per Disposition.

Rejection of Public Prosecution

1. Defendant B and A are mother-and-child relationships, and the victim C(43) is a relationship with A.

Defendant

B around November 16, 2017, at the mother's house of Bupyeong-si D lending, the victim took part in a dispute with her mother to borrow money from her mother while drinking alcohol together with her mother, and the victim was assaulted by her mother to her to take part in drinking alcohol.

2. Determination

A. The part of Defendant B’s assault is a crime of non-violation of intention (Article 260(3) of the Criminal Act). B. In the crime of non-violation of intention, “an expression of intent not to punish” is subject to free certification (see Supreme Court Decision 2010Do5610, Oct. 14, 2010).

According to the investigation report, it is recognized that the victim expressed his intention not to punish before the prosecution of this case (the right to record evidence No. 1).