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(영문) 수원지방법원 2018.06.15 2017고정3142
폭행
Text

Defendant

The sentence for B shall be suspended.

Defendant

A The prosecution against A is dismissed.

Reasons

Punishment of the crime

Defendant

B around 08:25 on October 27, 2017, around 08:4, 103-20, Jinan Yak Village Co., Ltd., located at 03-20, 1209, which did not do so on the street in the complex, and the white flab and the strong flab, carried on the victim A, and the victim A was flabed with the flab and the body part of the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. Application of Acts and subordinate statutes to the police suspect interrogation protocol to A;

1. Article 260 of the Criminal Act and Article 260 of the Criminal Act and the choice of a fine concerning the crime;

1. Penalty defendant B to be suspended of sentence: Fines of 500,000 won;

1. Defendant B detained in a workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Defendant B’s suspended sentence: Article 59(1) of the Criminal Act (i.e., that there is no particular force except for a punishment imposed once due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 195; (ii) the circumstances leading to the instant crime; and (iii) the extent and degree of the assault; and (iv) the summary of the facts charged against Defendant A (Defendant A) was dismissed. The summary of the facts charged against Defendant A is as follows: “The Defendant, around 08:25, around 208: 4:103-20, 1209, 1209, in the street, b, white and strong b, owned by the victim, who did not leave a line at the street, and b, who did not go against the Defendant and b, fladb the victim’s body by pushing ahead with the victim’s b’s hym and booming the victim’s body.”

Accordingly, this is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the same Act. According to the records, the victim B expressed his/her intention not to be punished against the defendant around May 23, 2018, after the institution of the instant indictment.

Therefore, the prosecution against the defendant A is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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