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(영문) 서울북부지방법원 2020.02.26 2019고정896
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

At around 21:40 on November 8, 2018, the Defendant, together with B, avoided tobacco at the crosswalk 173 front of the Seoul Jung-gu Park Jung-gu Park, Jung-gu, Seoul, and the victim C(52 years of age) who was under way, was snick B when the victim's face was taken, and the Defendant assaulted the victim with the face of the victim by her hand.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Application of the police interrogation protocol to C

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act, the selection of fines;

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. On November 8, 2018, the Defendant assaulted the victim at the victim’s face at the front crosswalk of the Jung-gu Seoul Central District Park 173, the 1112-report and the police officers dispatched after receiving the 112-report against the Defendant and the victim C (age 52) on one occasion at the victim’s own hand during the process of the instant case.

2. The facts charged in this case, which fall under Article 260 (1) of the Criminal Act, shall not be prosecuted against the will expressed by the victim under Article 260 (3) of the Criminal Act.

However, since it is apparent that the victim expressed his/her wish not to punish the Defendants, the prosecution against the above part is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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