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Reasons
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(영문) 부산지방법원 2020.01.08 2019고정1074
폭행등
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 29, 2018, at around 18:50, the Defendant was requested to move a vehicle parked in the above church parking lot on the ground that it is difficult for the Defendant to park in addition to the victim D (the age of 69) who managed the parking lot in the Cridge parking lot located in Busan B.

Accordingly, the Defendant, without moving a parked vehicle with the “n'n'e,” which read the vehicle,” and parked, avoided the disturbance between 30 minutes, and interfered with the management of the victim’s Ch's Ch's parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Reporting List);

1. Article 314 (1) of the Criminal Act and the choice of fines concerning the crime;

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 March 29, 2018, the Defendant received a request to move a vehicle parked in the above church parking lot from the victim D (the age of 69) who managed the parking lot at the Cridge parking lot located in Busan Metropolitan City B on March 29, 2018, for reasons that it is difficult to park other than the school members.

Accordingly, the Defendant committed assault against the victim by not moving the victim's vehicle parked with the victim's sound called "Manno" on the part of the victim, without moving the victim's vehicle.

2. Grounds for dismissing public prosecution;

(a) Crimes of non-compliance with an intention (Article 260 (3) of the Criminal Act);

B. On December 31, 2019, after the prosecution of this case, submission of an application for non-prosecution to punish the victim

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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