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(영문) 부산지방법원 2014.02.11 2013고단5242

폭행

Text

1. Defendant A’s instant public prosecution is dismissed.

2. Defendant B shall be punished by imprisonment with prison labor for one and half years.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

B around 00:20 on May 21, 2013, the victim A (the 26-year-old) and the victim were suffering from her head debt, and the victim was suffering from her head debt, her head debt, and her head was three times and her head was her two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. Application of A damaged photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that he/she has no criminal record or more than a suspended sentence of imprisonment, exemption from punishment for the victim, confession, and reflectivity);

1. Part of the dismissal of public prosecution under Article 62 (1) of the Criminal Act (Reexamination of Grounds for Discretionary Mitigation);

1. The summary of the facts charged is around 00:20 on May 21, 2013, Defendant A assaulted the victim, i.e., the victim B (n, 23 years of age) who is a chain of 'F main store located in Busan Jin-gu, Busan', and the victim was unable to enter his/her horse, and the victim was knife his/her head debt with his/her hand, knife his/her hand, and knife his/her head debt with his/her hand.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Declaration of non-existence of punishment: The withdrawal and written agreement of February 7, 2014, which was after the institution of this case was indicted.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.