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(영문) 청주지방법원 충주지원 2014.11.26 2014고정223

상해

Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A, around 2:45 on April 9, 2014, in the room used as a lodging room in the “EM store operated by oneself”, A, as in the case of the victim B, went through a dispute with the victim due to the change of channels. On the other hand, with golf bonds kept in the Karter, the victim suffered injury to the victim two weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning F;

1. Seizure records;

1. Suspect B face photographs, etc.;

1. Application of Acts and subordinate statutes to the reply of doctors G;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act (Defendant B);

1. The summary of the facts charged is as follows: (a) Defendant B expressed the victim’s desire during a dispute with the victim A at the same time and place as the facts charged; and (b) assaulted the victim’s inside part and breast part on a drinking basis.

2. The offense of assault is a crime not prosecuted against the victim’s express intent (Article 260(1) and (3) of the Criminal Act). The victim A expressed his/her intent not to prosecute Defendant B on November 12, 2014, which is the first trial date after the prosecution of this case. Thus, the prosecution against Defendant B is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.