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(영문) 수원지방법원 2017.12.21 2017고정756

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 16, 2016, the Defendant: (a) took the face of the victim F (18 years of age), the victim G (19 years of age) and the victim H (19 years of age) by hand, without any reason, on the front of the E cafeteria located in Young-gu E-si, Young-si; (b) took the face of the victim F (18 years of age), the victim F, the victim H (18 years of age) and C (19 years of age) in his/her hand, and turned over the victim H’s body by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to each protocol concerning suspect interrogation of the police to H, C, or F;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of punishment: Selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On October 16, 2016, the Defendant committed an assault, without any justifiable reason, on the front side of the E restaurant located in Young-gu, Young-gu, Young-si, G, as stated in the above facts constituting an offense, and the victim C (19 years old) controlled the Defendant, and the victim C (19 years old) was fleeped by his hand, and strokeed his flab.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. On July 6, 2017, a written withdrawal of a complaint to the effect that the victim C is not subject to punishment after institution of the indictment

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