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(영문) 서울동부지방법원 2017.02.02 2016고단2117

상해

Text

Defendant

A shall be punished by a fine of three million won.

Defendant

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

Reasons

around 05:40 on July 2, 2016, the Defendant: (a) visited the victim B (34 years of age) to find a child in the above PC; (b) was taking a dispute with the victim B (34 years of age) to find a child in the above PC; and (c) was taking care of the victim’s face due to her own drinking, the Defendant suffered injury, such as franchising, etc., for about three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes to written statements, photographs, investigation reports (No. 7 times a year), and written diagnosis of injury;

1. Article 257 (1) of the Criminal Act and the selection of a fine (including the cases in which agreement is reached with the victim) concerning the facts constituting an offense;

1. Part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act (Defendant B) with the detention of a workhouse;

1. On July 2, 2016, at around 05:40 on July 2, 2016, the Defendant committed assault against the victim’s face at the victim’s PC room operated by the victim A on the second floor in Gwangjin-gu Seoul Special Metropolitan City E-2, and at the time of the victim’s face at the victim’s face due to drinking.

2. The instant case may not be prosecuted against the clearly expressed will of the victim under Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.

After the prosecution of this case, the victim withdrawn his wish to punish the defendant.

The prosecution against Defendant B is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.