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(영문) 대전지방법원 2018.11.30 2018고정1020

폭행치상등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On March 26, 2017, the defendant had recently been living together with the victim C (V, 26 years of age) and his marriage for about one year.

On August 30, 2017, at a new marriage house located in Sejong Special Self-Governing City of Sejong, around 18:00, the Defendant suffered from the victim's labbing labing lab, etc. in the left-hand labing lab, which requires around a week medical treatment, by putting the victim's lab with the labbbbing of the victim's lab, and making the victim lab over several times with the labing of the victim's lab by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262 and 260 (1) of the Criminal Act concerning the selection of punishment;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The summary of the facts charged of dismissing the prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (the fact that the defendant is divided and seriously against the defendant, the conciliation between the defendant and the victim is established, the victim does not want the punishment of the defendant, and the defendant is the first offender who has no record of criminal punishment) of the suspended sentence (see, e.g., Article 59(1) of the same Act) is that the defendant assaulted the victim by assaulting the victim as a problem of the house at the employment welfare center where the defendant was educated by the defendant as a car driving at around 08:20 on April 4, 2018, 16 3:16: 3:3, and 26 years old), while the defendant was in the employment welfare center where the defendant was educated by the victim.

However, as a crime falling under Article 260 (1) of the Criminal Act, a public prosecution may not be instituted against the clearly expressed will of the victim in accordance with paragraph (3) of the same Article.

According to the public trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on November 8, 2018, which is after the institution of public prosecution. Thus, this part of the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.