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(영문) 의정부지방법원 고양지원 2013.04.25 2012고단1354

상해등

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2012. 7. 8. 04:35경 고양시 일산동구 C 앞 길을 지나던 중 그곳에 있던 피해자 D(남, 25세)과 눈이 마주치게 되자 “뭘 보냐 시발놈아, 우리 아빠가 누군지 알아”라고 시비를 걸어 피해자가 “니네 아빠가 누군데”라고 대꾸하자 격분하여 손으로 피해자을 밀쳐 넘어뜨린 후 주먹으로 얼굴과 머리부위를 약 5회 때려 피해자에게 치료일수 불상의 상악 좌측 중절치의 파절상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Part concerning dismissal of public prosecution under Articles 70 and 69 (2) of the Criminal Act;

1. Of the facts charged in the instant case, the charge of assaulting the victim E (Nam, 25 years old) who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

2. The case is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

However, according to the records, the victim expressed his wish to punish the defendant before the prosecution of this case, and prepared a written agreement that the defendant does not want to punish the defendant, and it can be acknowledged that the above written agreement was submitted to this court on July 17, 2012 after the institution of the prosecution of this case through the Busan Police Station and the Goyang District Court's Goyang Branch Office. Thus, the victim's expression of intent that the defendant does not want to punish the defendant is withdrawn. Thus, the victim's expression of intent that he wishes to punish the defendant is an assault among the facts charged of this case pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.