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Reasons
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(영문) 인천지방법원 2013.11.27 2013고단6905
폭행등
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Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 22:00 on August 28, 2013, the Defendant: (a) prevented the Victim C from leaving the Victim at the Dju station operated by the Victim C in Nam-gu Incheon Metropolitan City; (b) caused the Victim’s damage to the Victim’s property by putting him/her to the air conditioners by putting him/her any chemical lacks and lacks, which are located there, and 46,000 won in total at the market price of the Victim’s ownership; (c) destroying lackers and lacks, which are worth KRW 46,00,000 in the amount of 120,000 in the repair cost, thereby damaging the Victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. The part concerning the rejection of prosecution under Article 334 (1) of the Criminal Procedure Act (the point of violence) of the provisional payment order;

1. The summary of the facts charged was around 22:00 on August 28, 2013, at the Djuk points operated by the victim C in Nam-gu Incheon Metropolitan City, and on the ground that the victim did not properly take personnel affairs at the time of entering the above Djuk points, the Defendant took one time the victim’s left knives.

2. We examine the judgment. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the records, it is recognized that the written agreement on November 25, 2013, which was after the prosecution of this case, submitted to this court that the victim would not wish to punish the defendant.

Therefore, pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution against assault among the facts charged in this case is dismissed.

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