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(영문) 인천지방법원 부천지원 2012.07.13 2012고정454

존속폭행등

Text

Defendant shall be punished by a fine of eight hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around April 23:00 on April 9, 201, the Defendant got home without delay and caused the damage to the victim’s gymnasium, such as dymnasium that the victim left inside Seocheon-gu, Seocheon-gu, Seocheon-si D and caused the damage of the victim’s gymnasium and other gymnasium.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Of the facts charged in the instant case, the part dismissing the prosecution of the order of provisional payment under Article 334(1) of the Criminal Procedure Act concerning the dismissal of the prosecution of the instant case is that the Defendant returned home to the victim for a month without returning home to normal home with his her her son’s son’s son, thereby hearing the sprinker from the victim. On April 9, 201, around 23:00 on April 23:0, 201, the Defendant committed assault, such as: (a) sprinking the victim’s spulf inside Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) spulbling the breast part by

However, this is a crime falling under Article 260 (2) of the Criminal Code, which cannot be prosecuted against the victim's express will under Article 260 (3) of the Criminal Code.

However, according to the evidence (Evidence No. 1) submitted by the defendant, the victim may recognize the fact that he/she withdraws his/her wish to punish the defendant on July 6, 2012, which was after the prosecution of this case was instituted.

Therefore, under Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution against remaining assault among the facts charged in the instant case is dismissed.