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(영문) 대구지방법원 2013.04.10 2012고정4477

상해

Text

Defendant

The sentence of sentence against A shall be suspended.

Defendant

The prosecution against B is dismissed.

Reasons

Punishment of the crime

Defendant

A around October 13, 2012, around 18:20 on October 13, 2012, around 18:20, the victim B (the 73 years of age) was pushed down with her hand from the 1st floor of the building of the Daegu North-gu building, and 10 times the brea face and her chest.

As a result, the victim suffered bodily injury, such as cerebral rupture in detail that needs to be treated for about three weeks.

Summary of Evidence

1. Witness B;

1. Some police interrogation protocol of the defendant A;

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

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 50,000 per day) into a workhouse;

1. The rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Article 59(1));

1. The summary of the facts charged is that the victim A, the owner of which, at the time, at the time, and at the place as indicated in the judgment, who is the head of the facility, demands the director to carry with him an article, and the head of the facility to be a director, Defendant B, in his hand, committed assault by blaping the fat, and taking the face into account.

2. The facts charged in this part of the judgment cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) and (1) of the Criminal Act. On April 10, 2013, which was after the institution of the prosecution of this case, the victim expressed his/her wish not to punish the above defendant. Thus, this part of the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.