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(영문) 서울서부지방법원 2018.05.17 2017고단3857

폭행

Text

Defendant

B shall be punished by a fine of KRW 1,500,000.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

around 02:20 on October 26, 2017, Defendant B abused the victim’s head between the victim D and the Defendant’s head in the front of Eunpyeong-gu Seoul, Seoul at around 02:20 on October 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning investigation reports (related to statements E);

1. Relevant Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning criminal facts as well as the selection of fines (Considering circumstances leading to the case, degree of violence, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act (Defendant A) of the Provisional Payment Order

1. On October 26, 2017, Defendant A assaulted the victim’s face at least seven times in drinking, following the consent of the victim and F, from the victim D (31 years of age) in front of Eunpyeong-gu Seoul on October 26, 2017, and from the victim D (31 years of age) in the same day, the victim and F was injured by the dispute with the victim.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be punished against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim D drafted an agreement that includes the intent of not wanting to punish the defendant around April 2018, which is after the prosecution of this case, and it can be recognized that the agreement was submitted to this court on April 25, 2018. Thus, this part of the indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.