폭행
Defendant
B shall be punished by imprisonment for a period of ten months.
However, this judgment shall be given to Defendant B for a period of two years from the date of confirmation of this judgment.
A crime history room (Defendant B) around 06:00 on July 16, 2018, the Defendant paid proceeds to the victim A (the age of 38) who was divingd under the influence of alcohol at four times the "D key points" in the operation of the Defendant in Cheongju-si, Chungcheongnam-gu, Cheongju-si, and faced with the Defendant's left hand with the victim's hand, and faced with the Defendant's buck with the Defendant's her face, head, and clothes with drinking and blue herbb, and caused the victim's injury, such as the cutting off, closure, etc. of the flus that require approximately three weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A suspect interrogation protocol of the police officer;
1. A written statement;
1. A report on the occurrence of an injury and a report on the internal investigation;
1. Application of Acts and subordinate statutes of A's photographic and bodily injury diagnosis report;
1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act that applies to the crime, the choice of punishment, imprisonment (one kind of investigation power, and the degree of injury, etc. that are not minor);
1. Article 62 (1) of the Criminal Act (the fact that an agreement is made with the victim and reflects it, etc.);
1. Judgment dismissing public prosecution under Article 62-2 of the Criminal Act (Defendant A);
1. On July 16, 2018, the Defendant: (a) around 06:00, at the 4th page of the “Dju store” in the operation of the victim B (the 39-year-old) located in Heung-gu, Chungcheongnam-gu; (b) on the part of the victim who was diving under the influence of alcohol, he paid the price to the victim; and (c) on the part of the victim who was diving, the victim was kneeped with his left hand when the victim’s her neck was her sprinked with the victim’s hand, and committed assault with the wall.
2. The determination may not be charged against the intent expressed by the victim in accordance with Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.
However, the victim B may be recognized as having withdrawn the wishing to punish the defendant by attending the second trial date of this case.
Therefore, Article 327 subparagraph 6 of the Criminal Procedure Act is applicable.