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(영문) 춘천지방법원 2013.06.10 2013고정249

폭행등

Text

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

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

Reasons

Punishment of the crime

Around 02:00 on December 25, 2012, the Defendant demanded the victim D to have sexual intercourse at the Defendant’s house located in Chuncheon City, Macheon-si, but, on the ground that the victim refused it, she saw the victim’s sexual intercourse on the part of his/her ship and her head, faced the victim’s head with his/her head on the floor, and put the victim at approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

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

1. Articles 70 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. Around 18:00 on December 16, 2012, the Defendant assaulted the victim one time to drink his head on the ground that the victim was drinking together with G, on the ground that the victim was drinking together with G, in the “F” package run by the victim D in Switzerland-si, Chuncheon-si.

2. The facts charged in this part of the judgment are crimes 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 written agreement prepared by the victim D, which is bound in the records of the trial of this case, the victim expressed his/her intention not to be punished against the defendant on May 13, 2013, which is subsequent to the institution of the prosecution of this case, the prosecution of this part is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.