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(영문) 수원지방법원 2018.07.12 2018고정569
폭행등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On March 10, 2017, at around 22:13, the Defendant 22:13, on the front line of the Cppaton located in the Cpaton city B, fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fats of the victim

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Investigation reports ( Results of checking the details of the relative report);

1. A photograph of parts of DNA injury and a written diagnosis of injury;

1. Application of Acts and subordinate statutes governing crime prevention CCTV images;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. At the time of the instant case, the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) under Article 334(1) of the Criminal Procedure Act, the Defendant suffered bodily injury, such as a breathing, which requires medical treatment for about 28 days, due to the victim’s exposure face. This is much more serious than the victim’s injury caused by the Defendant’s instant crime.

Nevertheless, the defendant did not receive any compensation from the injured party in relation to this.

According to the court's findings of sentencing, the victim currently does not want the punishment of the defendant.

In addition, in consideration of the age, sex, environment, health conditions, motive or circumstance of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

Rejection of Public Prosecution

1. Of the facts charged in the instant case, the Defendant, at the time, at the place of the aforementioned facts charged, and at the victim E (37 37) dispute, committed assault by breathing the victim’s flaps.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

(b) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (the victim shall express his/her intention not to punish in this court after instituting the public prosecution of this case);

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