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(영문) 창원지방법원 마산지원 2016.10.21 2016고정446

폭행등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 19, 2016, the Defendant: (a) around 15:50 on July 15, 2016, at the D Child Care Center D located in Changwon-si, Changwon-si; (b) one time to drinking away from the right side of the victim E, which is not good in a usual appraisal; (c) one time to spawn the victim’s left part; and (d) two times to drinking the victim’s chest, the Defendant spawned the victim’s chest, etc., requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F prepared by the police;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to E;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Of the facts charged in the instant case, the Defendant committed assault on June 19, 2016 at the D Child Care Center C located in Changwon-si, Changwon-si, Changwon-si, and on one occasion at the time of drinking a part of the victim E, who was not good for usual appraisal.

2. The above 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.

According to the records, the victim E can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 12, 2016, which was after the prosecution of this case was instituted. Thus, the above part of the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.