beta
(영문) 인천지방법원 2013.12.12 2013고단7229

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On October 13, 2013, at around 20:30 on October 20, 2013, the Defendant, while dancingd D Cable in Nam-gu Incheon Metropolitan City C, she faced frequently with the victim E (in women, 65 years of age) and body, was proposed to move to a wider place from the victim, and went beyond the victim's body.

As above, the Defendant inflicted bodily injury on the victim, such as the lower end of the frame and the pelvis, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is against the Defendant’s confession of the instant crime, the fact that the Defendant agreed smoothly with the victim, and other factors of sentencing, such as the Defendant’s age, occupation, character and conduct, environment, etc., shall be determined as the order.

Public Prosecution Rejection Parts

1. On October 13, 2013, the summary of the charge of assault among the facts charged in the instant case, the Defendant: (a) while danced in DKabae in the Southern-gu Incheon Metropolitan City, Seoul on October 20, 2013; (b) was proposed to see that E and E frequently met and move to a wider place from E; and (c) went beyond the body of E.

Accordingly, when the victim F(72 years of age), who is the husband of E, set forth a claim against the defendant, the defendant assaulted the victim by walking the victim's side at one time due to his/her appearance.

2. The part of the facts charged is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, it is obvious that the victim F withdraws his/her wish to punish the defendant around November 25, 2013 after the public prosecution of this case was instituted. Thus, this part of the indictment is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.