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(영문) 서울북부지방법원 2014.06.17 2013고정2276

상해등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 27, 2013, at around 00:05, the Defendant: (a) faced with E and shouldered in the passage of 'D' in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) had the face of the victim F (22 years of age) who was walking at the entrance of the said singring, and had the victim F undergo a medical treatment for about 10 days, and had the victim F undergo a medical treatment for about 10 days.

Summary of Evidence

1. Each legal statement of witness G, H and E;

1. Legal statement of witness F in the third protocol of the trial;

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

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 gist of the charge of assaulting in the part dismissing the prosecution of Article 334(1) of the Criminal Procedure Act in the indictment of this case is as follows: around 00:05 on May 27, 2013, the Defendant: (a) faced with the victim E (22 years of age) and the shoulder at the passage of Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) when the victim E (22 years of age) faced with the shoulder, the Defendant assaulted the victim E (39 years of age) by breaking the head of the victim E; and (c) immediately after said assaulted the victim E at the entrance of the above singing box, the Defendant tried to back the victim E by again reporting the head of the victim E at the entrance of the said sing box; and (d) when he assaults the victim H (24 years of age); and (e) when he did so with the face of the victim I (39 years of age) who dried the Defendant’s timber.

However, this part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260(3) of the Criminal Act. Since E, H, and I, the victims of the facts charged, expressed their intention not to be punished after the prosecution of this case, all of the victims of the above facts charged expressed their intention not to want to attend this court and then, this part of the prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act